Joint Return Test For Dependents
The join return test for dependents is used to determine if a person's filing status allows him or her to qualify for dependency. In general, if someone files a joint tax return, he or she cannot be claimed as a dependent by another taxpayer. There are, however, select cases in which this restriction does not apply.
Again, an individual does not typically qualify as a dependent of another if the individual filed a joint return.
However, this rule will not apply if:
(a) Neither the “dependent” nor his/her spouse was required to file;
(b) Neither the “dependent” nor spouse would have a tax liability if they filed separate returns; and,
(c) The couple filed only to claim a refund of withholding.
Example – Joint Return No EITC : John is 25 years old. He and his 21-year-old wife live with John’s parents and had $1,500 of wages from part-time jobs and no other income. Neither John nor his wife is required to file a tax return. They do not have a child. Taxes were taken out of John’s pay, so John files a joint return only to get a refund of the withheld income taxes. John’s parents are not disqualified from claiming John as a dependent just because he filed a joint return. They can claim John and his wife as dependents if all the other tests to do so are met. If they can claim John as a dependent, John cannot claim the EITC.
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Example – Joint Return Claiming EITC : The facts are the same as in the previous example except no taxes were taken out of John’s pay. Also, John and his wife are not required to file a tax return, but they file a joint return to claim an EITC of $233 and get a refund of that amount. Since they filed a return to get the EITC, they are not filing only to claim a refund of withholding tax. Thus, John’s parents cannot claim either John or his wife as a dependent.