Filed married, but actually single?

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.

ninasgramma2008-10-28T00:53:15Z

She needs to file as unmarried, either Single or Head of Household.

She also needs to file an amended return for 2007. She will need professional help with this.

She needs to set the record straight. Hopefully bf will not try to continue to file a joint return with her and claim her children.

Judy2008-10-27T15:08:32Z

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.

Smelly Cat2008-10-27T12:26:44Z

It's a federal crime to supply false information on a tax form.If not corrected, and found out, they will be fined.
If she's single, put single !