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    #1

    Common Law

    I have a PA couple operate a Schedule C business together, and they live together for the past three years. No children .

    His question is Can he file jointly?

    I would think he can?
    Tags: None
    #2
    Originally posted by Sara
    I have a PA couple operate a Schedule C business together, and they live together for the past three years. No children .

    His question is Can he file jointly?

    I would think he can?
    Is common law accepted in PA? It is not in Florida.
    Everybody should pay his income tax with a smile. I tried it, but they wanted cash

    Comment

      #3
      Common Law

      I did a "google" an PA is one of 16 states that does.

      Comment

        #4
        Originally posted by Sara
        I did a "google" an PA is one of 16 states that does.
        They can file jointly, however only one can file the Sch C.The other one can be an employee.

        If they need to file the Business together then a Partnership would be a better idea.

        By the way; How did they file last year .Was it a joint return?
        Everybody should pay his income tax with a smile. I tried it, but they wanted cash

        Comment

          #5
          I would suggest that the client and his girl friend seek legal advice before making this decision. If PA is like most states in which common law is accepted, then once they have held themselves out to be married, they are in fact married and there is no common law divorce.

          Comment

            #6
            Originally posted by Unregistered
            I would suggest that the client and his girl friend seek legal advice before making this decision. If PA is like most states in which common law is accepted, then once they have held themselves out to be married, they are in fact married and there is no common law divorce.

            Good idea. If they become separated then they will have to file for divorce. It would not be "Just pick up and go".
            Everybody should pay his income tax with a smile. I tried it, but they wanted cash

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              #7
              Reply

              Last year he filed single, and so did she.

              I looking at it as they should, and there okay with it, if they split up they file married separately.

              Comment

                #8
                before December 31

                Living together is not enough. They have to publicly declare that they are married and act as if they are married. Filing this tax return is not public and it wasn't done before December 31.

                Comment

                  #9
                  Common Law

                  Researching the common law issue it's broad in my opinion.

                  I'm advising them to seek legal advice on it, and based on the interview I had with them it's their call.

                  Comment

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