My boyfriend filed are taxes jointly in 2009 and we are not married. How do I get my taxes corrected?

My assumption is that you meant "2008" income filed in 2009, not "2009 taxes"....

First question: What state do you call home? Point is, there are 9 states (AZ, TX, ID, NV, CA, LA, NM, WI, and WA) that might recognize you as being in a common-law marriage even though you two haven't 'walked down the aisle'. Generally, you meet the standards if: 1) you both have the legal capacity to marry, 2) you both have the current intent to marry and have communicated that intent to one another 3) you must live together as husband and wife, and 4) you must publicly present yourselves as husband and wife.

Provided you fulfill the above, AND you both want to file a joint return (usually it's more beneficial than both filing single), AND you live in a common-law state, then it's possible to file a joint return. I think a bigger issue is, though, that you write, 'discovered he filed them jointly...'.

Who signed your signature?

You did: You simply signed 'a form' thinking it was a single return only to now discover it was a joint. In this case, you signed it-you're liable. If you reside in a common-law state, chances are, you're better off, tax-wise. If you're not in a common-law state, you both would need to file the appropriate amendment forms (I suggest you hire a professional) along with an explanation (and money if more taxes and penalties were owed). If he refuses, since you would be noting his SSN on the paperwork, if the IRS did not get an amendment from him, it would really, really suck being him. Penalties could be stiff depending on whether the IRS believes the "I didn't know" excuse, if you received a refund last year, dollar amounts, etc. Ignorance generally is not an acceptable excuse... Can you imagine the US deficit if it were???!!!

He did: If you decide to file an amended return, it would really, really suck being him. Not only tax issues, but now he's looking at possible fraud issues. You kinda got him over a barrel here. Now's the time to take him back to that jewelry store and take another look at that nice ring you talked to him about...

Seriously, the IRS is one of the few agencies in the country that you're not 'innocent until proven guilty'. If they find something, they'll assess damages, attach to your earnings or assets if you don't pay, send you to jail if need be, and you'll be on their radar for many, many years. YOU'LL need to take them to court to prove your innocence. Don't let anyone throw around your SSN or tax history without knowing what is going on. Next time, pay the few bucks to have a professional do your taxes, especially now that you know that your best interests have not been considered.

If you file separately and one spouse itemizes, then the other can't take the standard deductions - they have to either itemize too or put zero for their deductions amount. The penalty in filing separately, if you don't have any credits that you'd lose by the MFS filing, is that the rates are a little higher. Figure it both ways, but it's almost certain that you'll do better overall by filing a joint return. If your numbers show otherwise, double check since you are almost surely doing something wrong. If you file separately, you would each file as married filing separately, not single or head of household.

2009 taxes have not been filed yet

if you are saying you filed 2008 as a married couple and you are not, you need to at least amend your return to correct it. He probably found he got a bigger refund by doing so but it is not legal

if you are still not married and this b/f is still planning to do your taxes, please make sure you do your own correctly

Write a letter to the service center indicating that the tax retun was an "invalid joint election" because you are NOT married.

Fill out a 1040EZ or 1040A as it should have been submitted and send it with the letter.

If the IRS agrees with your contention, they will fix the two tax returns.

However, you will be asked to pay back any excess refund that the joint return generated.

You do realize that the filing was illegal? Amend the return, and note in the explanation that you are changing from joint to single because it was filed wrong, you weren't married, since if you had been married it would be to late to amend a joint return to separate returns.

You refer to your 2008 tax returns. You and he BOTH need to submit amended 2008 returns changing your filing status to single. NEVER "have someone else" submit YOUR tax return.

Very easy- just submit an amended return.