Unmarried couple wanting to file MFJ

Collapse
X
 
  • Time
  • Show
Clear All
new posts

  • ATSMAN
    replied
    Originally posted by taxea
    Are you saying that they can file jointly on the federal return or just the state return? What is the federal rule that allows this?

    I don't believe a "statement" from the couple would have any effect on the IRS. They could become subject to penalties, as could you if you knowingly file a false return.

    Tell them to get married.
    If the state recognizes a common law marriage based on domicile then IRS will allow MFJ

    Leave a comment:


  • DonB
    replied
    Originally posted by taxea
    Are you saying that they can file jointly on the federal return or just the state return? What is the federal rule that allows this?

    I don't believe a "statement" from the couple would have any effect on the IRS. They could become subject to penalties, as could you if you knowingly file a false return.

    Tell them to get married.
    It's my understanding that the fed makes such determinations based on state law where the TP resides.

    Leave a comment:


  • taxea
    replied
    Originally posted by ATSMAN
    Only if the resident state recognizes common law marriage. My wife's cousin is in that situation! Don't understand why they just don't get that Govt. license but they have held themselves to others as a married couple. Own all property jointly too.
    Are you saying that they can file jointly on the federal return or just the state return? What is the federal rule that allows this?

    I don't believe a "statement" from the couple would have any effect on the IRS. They could become subject to penalties, as could you if you knowingly file a false return.

    Tell them to get married.

    Leave a comment:


  • spanel
    replied
    Originally posted by ATSMAN
    Only if the resident state recognizes common law marriage. My wife's cousin is in that situation! Don't understand why they just don't get that Govt. license but they have held themselves to others as a married couple. Own all property jointly too.
    Learn how to establish a common law marriage and find out what kinds of evidence you'll need to prove your common law marriage is valid.


    Just remember, there is no such thing as common law divorce.

    Chris

    Leave a comment:


  • ATSMAN
    replied
    Originally posted by DonB
    How do others handle the situation where an unmarried couple ask to file MFJ? They have been living together for a couple of years, have one child and another on the way. She has not worked in 2015 and he has a low paying job and they live with her parents. For the upcoming baby, they filed the hospital papers as married.

    My thought is to ask them to write out a statement that they consider themselves married and both sign it. Colorado is a common law marriage state.

    Any other thoughts?
    Only if the resident state recognizes common law marriage. My wife's cousin is in that situation! Don't understand why they just don't get that Govt. license but they have held themselves to others as a married couple. Own all property jointly too.

    Leave a comment:


  • DonB
    started a topic Unmarried couple wanting to file MFJ

    Unmarried couple wanting to file MFJ

    How do others handle the situation where an unmarried couple ask to file MFJ? They have been living together for a couple of years, have one child and another on the way. She has not worked in 2015 and he has a low paying job and they live with her parents. For the upcoming baby, they filed the hospital papers as married.

    My thought is to ask them to write out a statement that they consider themselves married and both sign it. Colorado is a common law marriage state.

    Any other thoughts?
Working...