Claiming a married child who filed MFS

[lindadod0626]

Clients' MFJ return originally rejected because their son, who could be considered their dependent for much of the year, allegedly claimed himself.  I got a copy of his return, and he did not claim himself but instead checked the box that said "someone can claim you as a dependent."  Son got married in 2019 but filed MFS for that year.  So I went ahead and filed without claiming son. 

I know that his parents could not claim their son if he filed MFJ, but he didn't.  What am I missing?  I'd like to amend my clients' return if possible.  

[BobKamman]

Why was he filing a return?  What was his gross income?

[TaxGuyBill · Accepted solution]

I've seen other people with the same situation say the same thing this year.   Either Intuit or the IRS is rejecting the e-file, but it is still allowed.  If the taxpayer qualifies as a dependent, it needs to be paper-filed.

But be sure to go through all of the rules to confirm that he does qualify as a dependent.

[lindadod0626]

He had about $3K in wages and wanted to claim the tax that was withheld.  

[lindadod0626]

I can't figure out any way he couldn't be claimed.  Thanks for your response - it's good to know it's not just me!  

[Terry53029]

Just for your info @lindadod0626   Married Filing Jointly test. A person cannot be treated as a dependent if he or she files a joint return with a spouse. This rule does not apply if the joint return was filed only as a claim for refund and no tax liability would exist for either spouse if they had filed separate returns.

[BobKamman]

@Terry53029 

Which is why we also need to know what the wife did on her return.  I'm also concerned with the OP stating the son "could be considered their dependent for much of the year."  Why not all of the year?

[Terry53029]

@BobKamman  it is always hard to answer questions, because people rarely provide enough details. I only wanted to alert original poster that it is not always true that that you can't claim someone that is MFJ, because he said "I know that his parents could not claim their son if he filed MFJ"