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6 answers

I have no idea what you are really asking here. Please type in English and have your grammar correct.

2007-09-07 07:21:10 · answer #1 · answered by Anonymous · 0 0

Question 1: Do you have to be legal partners (married) to file as Married Filing Jointly on your Federal tax returns?
Answer: Yes.

Question 2: If you file as Married Filing Jointly on your Federal tax returns, do you become legal partners?
Answer: No. Also, if you claim wrong status on your tax return, IRS will be after you.

2007-09-07 07:50:10 · answer #2 · answered by MukatA 6 · 0 0

You either need to be "married" or "common-law married" to file a joint return. If you are not married, and you file together, and meet the other conditions for "common-law" in your state (only 14 states do this), then you become "legally married" in the eyes of the state you reside.

The second source below lists toe states that have common law marriages.

You also have to have knowingly signed the tax forms. You can try an innocent spouse claim if this was done without your concent or knowledge. No guarantees, but if you are getting into some type of legal/financial trouble, this may be able to help.

You can also try and amend your return to seperate yourself from the original return. Lots of options, but don't wait. There are time limits on these things.

BTW, Matt (answer 1), your buddy who files as head of household better check his status if he is only claiming his gilrfriend as a dependent. Head of Household requires the dependent to have a legal relationship to the taxpayer (like child or step-child) . Here's an excerpt from the source listed below:
the taxpayer may qualify as head of household if he is entitled to a dependency exemption under Code Section 151 for any of the following individuals:

(1) The taxpayer's brother, sister, stepbrother, or stepsister;

(2) the taxpayer's father or mother, or an ancestor of either;

(3) the taxpayer's stepfather or stepmother;

(4) a son or daughter of the taxpayer's brother or sister;

(5) a brother or sister of the taxpayer's father or mother; or

(6) the taxpayer's son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law. Reg. Section 1.2-2(b)(3)(ii).

His girlfriend does not count. He could get audited and have to pay back a lot of money, plus interest and penalties. If you see this, tell him about it. The IRS is planning to use new computers this year to "auto-audit" returns to catch these kinds of problems.

2007-09-07 09:40:09 · answer #3 · answered by Patrick S 3 · 0 0

You kind of have it backwards. You are only allowed to file a joint return if you are legally married. Common law marriage counts for states where it is recognized, but just living together does NOT give you the right to file a joint return.

If you file a joint return and aren't legally married as of the last day of the year you are filing for, you have filed a fraudulent return and are subject to various penalties.

2007-09-07 15:30:28 · answer #4 · answered by Judy 7 · 0 0

You can not file a joint federal tax return unless you are legally married under local law to the other person who must be of the opposite gender.

2007-09-07 08:20:59 · answer #5 · answered by Anonymous · 0 0

depends on what you mean "legally". here in texas if you live together long enough and represent yourselves as a couple then you are...me and my wife had "married" status on our car insurance a year before we actually got a marriage license and a ceremony and the state recognized us together. my friend and his fiance file together, he just files as head of househould. doesn't really awnser your question, but it's interesting

2007-09-07 07:14:15 · answer #6 · answered by Matt M 4 · 0 0

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