Can I Claim Dependents on my 1040?

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eeyore
Posts: 35
Joined: Tue Mar 19, 2013 6:45 pm

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?

Thanks.
nelsona
Posts: 18311
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

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.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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