Unmarried couple wanting to file MFJ

[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?

[ATSMAN]

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.

[spanel]

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.

http://www.divorcenet.com/states/colorado/co_art09

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

Chris

[taxea]

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.

[DonB]

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.

[ATSMAN]

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

[Roland Slugg]

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.

You CAN'T be serious!

Do you know what the "M" in MFJ stands for?

[FEDUKE404]

What the M ? ?

You CAN'T be serious!

Do you know what the "M" in MFJ stands for?

Where IS that "like" button ? ? ?

(....and don't call me "Shirley" )

FE

[taxea]

If the state recognizes a common law marriage based on domicile then IRS will allow MFJ

Really? I thought Federal law overrules State law.

[DonB]

Really? I thought Federal law overrules State law.

I don't believe there are any federal marriage laws.

[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?

I should have written "a couple who have been presenting themselves to friends and others as husband and wife" instead of "an unmarried couple". IMO this is evidence of a common law marriage in a state where common law marriage is legal.

[taxea]

From Pub 17
Considered married. You are considered
married for the whole year if, on the last day of
your tax year, you and your spouse meet any
one of the following tests.
1. You are married and living together.
2. You are living together in a common law
marriage recognized in the state where
you now live or in the state where the common
law marriage began.
3. You are married and living apart, but not
legally separated under a decree of divorce
or separate maintenance.
4. You are separated under an interlocutory
(not final) decree of divorce.

[David1980]

I've been asked once to file a MFJ return for unmarried taxpayers. In that case, they were separated for a couple years and finalized the divorce late in the year and because they were married for "most" of the year, they wanted to file MFJ. I declined of course.

My usual response is something along the lines of "I'm sure if you want to file that way, you could find a preparer willing to do that for you. I'm not willing to do that and if you wish to go elsewhere I'm fine with that." That would be after explaining why it isn't a legitimate thing (whether it's incorrect filing status or non-deductible deductions or whatever.)

[taxea]

I don't believe there are any federal marriage laws.

There are federal filing laws addressing whether two can file MFJ

[ToledoEd]

We had a client who wanted to claim her boyfriend because he lived with her all year and had no income. So we put him on the return. Two months later she called and wanted to know if because we put him on her return, were they now married? He wanted to leave her and she had told him they were now married. We told her no, but that one of our tax preparers was a licensed minister and could marry them, but only after counseling.