Ex-boyfriend filed us jointly on tax return in 2005. We were never married. Can I fix this?

Question

He said he was going to claim me as a dependent but didn't. Instead he filed us jointly. I signed where it said "spouse's signature" at the bottom but I asked him about it & he told me he would make sure the lady at H&R Block was aware that we were not married. I assumed all was ok since the top of the form said "Income Tax Return for Single & Joint Filers with or without dependents" I just took it as, we were filing single but he was claiming me as a dependent.

Answer 1

You should probably go back to that H&R Block office for help, since they are the ones who prepared the return. But he should not have filed you both as married filing jointly. The only problem is that you did sign the return, but hopefully the IRS will accept your explanation. In the future though, if you're unsure of something ask someone that you know will have the answer.

Answer 2

If you are not married to him, and he filed a joint return with you as a spouse, then this was not correct. You signed the return, so you affirmed the accuracy of the information.

He could have claimed you as a dependent if you lived with him all year and you had income less than $3,300.

What has happened is that he got an extra amount of standard deduction on his return of $5,150. And, if you were not his dependent, he got an exemption worth $3,300.

He must have told the preparer at HR Block that he was married, or else they would not have prepared a married filing jointly return.

First, are you individually required to file? If so, then go ahead and file your return as single. You have no other option.

If you are not required to file, but signed yor ex-boyfriend's return as his spouse, you have filed a fraudulent return. They may or may not catch you in this. If you have no income, the penalties and interest will be on the ex-boyfriend.

What action should you take? If you want, you could call the IRS and confess you filed a fraudulent return. This would cause your ex-boyfriend to owe some tax. If you do nothing, most likely nothing will happen (although I can't suggest this, I'm just stating what I think is likely).

Answer 3

I would echo ninasgram's response. She's right on.

You can't amend a joint return to separate as the first responder suggested, or to single, but you could file a return (not an amendment) as single.

Bosonian 's answer might be a little harsh, but is correct - by signing the return, you committed perjury and filed a fraudulent return. This might get caught, or more likely will slip through - but it's still fraudulent.

As to the form saying it was for single or joint filers, yes it is, but there's a box a little way down that says how you're filing - that should have told you, whatever your ex-boyfriend said, what the real truth was. It says "married filing jointly" - not exactly ambiguous or hard to understand. I see why this turkey is your EX-boyfriend.

Answer 4

As far as I know, in order to legally file jointly, you must be "Married Filing Jointly". Also, there are a number of questions which determine whether or not you qualify as a dependent, including:
your citizenship status,
whether you provided more than 1/2 of your own support in 2005,
whether you were disabled,
whether you were in your ex's household for all of 2005,
whether your income was over $3,200 in 2005,
whether your ex provided more than 1/2 of your total support in 2005.

You can ask your ex to cooperate in filing an amended income tax return with an accountant (H&R Block or other qualified professional). If he is not willing, then you should file an amended tax return for yourself for the tax year of 2005, In which case you would have to file separately as a single person, as his cooperation would be necessary to claim you as a dependent for 2005.

Answer 5

With all due respect -- and you aren't due much -- you're too dangerous to be allowed to pay with crayons let alone sign a tax return!

What part of the sworn statement (under penalties of perjury no less!) did you not understand when you signed as SPOUSE of A return marked MARRIED FILING JOINTLY??

What you and this other idiot have done is commit tax fraud, pure and simple. Your best approach would be to have that return declared void and file a proper return and pay the penalties for late filing and any interest due.

You're going to need professional assistance in doing that especially as you're dumb enough to commit perjury and claim innocence of the facts. (But don't expect the IRS to accept that as factual even if you really are that stupid.)

You need to contact a competent CPA or tax attorney and have them assist you in unwinding this stupid act on both of your parts.

Good luck, you're going to need a LOT of it.

Answer 6

"I was told" turns out to be wrong over 95% of the time. This is yet another example that proves that. Make a note of whomever told you that and never take tax advice from them again. You can only file a joint return if you are married according to the laws of your state. Shacking up with a boyfriend/girlfriend does not create a marriage in ANY state, even those that recognize Common Law marriages.

Answer 7

let it go,and get on with your life. Just file your own return as single from now on.