my ex boyfriend is trying to claim being common law married to him because he is in debt. we have never filed taxes together because we are not married. we both filed separate, individual taxes claiming our own children, we have no kids together.
he changed his 2005 tax return to married and claimed my son - to which he has no legal guardianship - we never married and he never adopted my son - i'm pretty sure this is tax fraud, but wanted to ask the very smart yahoo people out there what they thought. thanks so much
2007-01-26 23:33:00 · 4 answers · asked by regis 1 in Business & Finance ➔ Taxes ➔ United States
You said he changed his 2005 return to married - did he change it to a joint filing? Did you sign anything? If you did, you could be in trouble too for filing as married when you weren't. He can't change to married filing joint without your signature, unless he forged it, which will cause him all sorts of trouble.
If he changed from single (or head of household) to married filing separately, then he'd have cost himself money.
If he claimed you son when he changed his filing, and you had already claimed that son on your return, you'll both get a letter from the IRS asking for proof that you can claim him. This could take a year or more - they are not exactly up to date on things like this - but it will happen. Then this whole mess is all going to come out to the IRS.
Common law marriage only exists in some states, and even then it requires much more than just living together. Wikipedia.com has a good article on the requirements for states where it's still in existence. And in your other question you said he was married to his ex-wife at the time - so even if you met all the other requirements for being common-law married, in a state where it was legal, his being already married would make it not valid.
2007-01-27 11:20:53 · answer #1 · answered by Judy 7 · 0⤊ 0⤋
You are correct; what he is doing is fraud. Penalties can be stiff.
But watch out, there's more! If you hold yourself out as married in states that recognize common-law marriages, you two may now be married! Filing a joint tax return is evidence of holding yourself out as married. You may need to file a legal divorcfe if you don't want to be married to this man!
Tax Advisor
2007-01-26 23:48:15 · answer #2 · answered by WealthBuilder 4 · 1⤊ 0⤋
you could report an amended tax return for as much as 3 years following the preliminary submitting cut-off date; for Federal returns, use kind 1040X. States would have their very own varieties, and in all likelihood distinctive cut-off dates. don't concern which you have become a smaller than conventional refund -- there are this kind of great form of factors in contact in a tax computation that the "conventional" is rather extremely meaningless. ideally, your withholding may well be based so as which you get no refund in any respect -- a refund is purely repaymemt of a loan which you have made to the government, on which you assemble no pastime.
2016-11-01 10:02:17 · answer #3 · answered by Anonymous · 0⤊ 0⤋
What he did is tax fraud. When you filed your taxes did you get them or were they audited.If there was no negative to you then I would let the IRS figure this out themselves. If there was or you just want to be mean to him then call the IRS and turn him in for it.
2007-01-26 23:39:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋