Can I Claim Dependents on my 1040?

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Can I Claim Dependents on my 1040?

Post by eeyore »

I'm a U.S. citizen living in Canada. My husband also lives in Canada but is not a U.S. citizen. I file a U.S. income tax return as Married Filing Separately, since my husband does not file a U.S. income tax return.

On our Canadian tax returns, my husband claims me as a dependent, since I'm a homemaker and have no earned income. However, in the instructions for Form 1040, it says:
"Could you, or your spouse if filing jointly, be claimed as a dependent on someone else's 2020 tax return?"
"If Yes, You can't claim any dependents."

My husband does not claim me as a dependent on a U.S. tax return because he doesn't file a U.S. return, but if he did file, he would claim me as a dependent.

So am I considered a dependent on my U.S. income tax return? And can I claim my kids as dependents?

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Re: Can I Claim Dependents on my 1040?

Post by nelsona »

The line refers to someone else's US return. There is no other US return for your family. You can claim him as spouse and your kids as dependents.
I am taking my usual break from this site until May. Always too many tax-form specific questions at this time of year...
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