Unmarried couple wanting to file MFJ

[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

[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.

[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.

[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

[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.

[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?