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Can I file as single for 2011 Tax return?

for the last 2 yrs my in living boyfriend and i have been filling our tax returns together as married, but were not. We share 2 kids together .I haven't bee working for the last 2 years. This years we want to file them separately, how would that work? Who would claim the kids? Would there be problems with the IRS?

8 Answers

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  • tro
    Lv 7
    1 decade ago
    Favorite Answer

    first of all 2011 has not even happened yet so you can't file those returns for at least another year

    and if you have been filing incorrectly for two years, you need to amend those returns and file them correctly

    you cannot file married if you are not

    and yes, there will be many problems with IRS

    the children are claimed by the parent with whom they spend the majority 'nites' with however, when it cannot be determined who has the majority 'nites' the parent with the higher income claims the children

    in the case of your previous returns, your b/f should have filed single head of household and claim the children

    you might have qualified as a relative(even tho not related) if you lived in his household the ENTIRE year, did not earn $3650, he provided more than 50% of your support and you could not be claimed on the return of anyone else

    now that you are working, if he still as the greater income, you are still all living together, he still claims the children on his return as head of household, you would file your return as single

  • 1 decade ago

    If you filed jointly while living in a state with a law that says that anyone who says on a tax return that they are married becomes married by filing that tax return, then you are still married, and must continue to file as married. If you do not, then there will be problems.

    If you filed jointly only while living in places where a marriage occurs only if a couple actually has a wedding, and not just because they filed a tax return saying that they were married, then you are not married, and you must file as single. You also must "amend" all previous returns that you filed as married, change those to single, and pay whatever tax and/or penalty you owe. If you do not, then there will be problems.

  • rtfm
    Lv 7
    1 decade ago

    You've been breaking the law for the past two years. The only honest thing to do is submit revised returns for those years, and pay whatever taxes you wind up owing as a result.

    The IRS *always* catches up with people who cheat on their taxes.

    Your boyfriend should file as single. If you have no income, you don't file a return. If you all live together, he can claim both the children on his return.

  • Judy
    Lv 7
    1 decade ago

    You've filed fraudulent returns the last 2 years, and will both be liable for any extra taxes if and when you get caught.

    To file properly, if your bf claims at least one of the kids, he can file as head of household. You have to file as single. Either of you could claim the kids or you could each claim one, but you can't both claim the same kid.

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  • 1 decade ago

    You are already thinking about 2011 tax return, and 2010 has not even been filed.

    You filed fraudulent tax returns.

    Why would you want to change your fraudulent filing status now?

    good luck!

  • 1 decade ago

    For two years you have been signing a Federal Jurat stating under oath you are telling the truth, the whole truth, and nothing but the truth. Look up the definition of perjury. It might be wise to play dumb taxpayer and file amended returns for the past two years yesterday at the latest correcting your filing status; then cross your fingers.

  • You've already got problems with the IRS -- filing fraudulent returns.

    You need to amend ALL of the fraudulent joint returns and re-file as single or HoH as appropriate. End of story.

    When you've done that, come back and ask about 2010.

  • 1 decade ago

    The fact that you filed as married previously could still cause problems for you . In actuality filing seperate is the proper filing status for you two and it is up to u and him to decide who will claim the kids. If nothing happens to trigger a audit or review u will be fine but your previous false filing status could catch up with you years from now ... good luck

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