We have been living together for 3 years. My girlfriend earns substantially less than I. Can we file jointly?
The IRS site states that:
"Considered married. You are considered married for the whole year if on the last day of your tax year you and your spouse meet any one of the following tests.
- You are married and living together as husband and wife.
- You are living together in a common law marriage that is recognized in the state where you now live or in the state where the common law marriage began. ..." Does this prohibit us from stating that we are married? I know california has a domestic partner registry but I don't know if this is the same thing as 'common law marriage'. Any help greatly appreciated.
Thanks
Moderator: What prohibits you? Integrity and Comon Sense. Integrity needs no explanation. But common sense may. When you sign that tax return, under penalty of perjury, stating you are married, you are setting yourself up. If you want to end the relationship, she can use that return as evidence of a common law marriage and put you through a divorce! How can she get away with that? She'll find an attorney to figure out the story and you're only out will be to admit on the record that you committed perjury. And then the IRS will have you stone cold. ;)