An unmarried relative (with children) told me she and her boyfriend filed married filing jointly last year, even though they were not married. Now they have split up. What kind of trouble can they get in, and how does she file for 2008.
rtfm2008-10-27T12:23:48Z
Favorite Answer
If the IRS finds out, they'll have to re-do their tax returns for that year and pay the difference between what they actually paid and what they should have paid, as well as whatever interest and penalties the IRS charges them.
What she should do this year is file as single, and he should do the same.
They can have to pay back anything they got extra for filing illegally, plus penalties and interest. Each of them is responsible for the back tax amount - the IRS will get it from whichever one they can get it from.
This year she should file legally, as single assuming that she is. If she has at least one of her children living with her, she might qualify to file as head of household.