tax question-hypothetical

[sadb0i]

Even though my wife and I are not "legally" married. Can we file our taxes jointly or does it have to be separate? We are obviously living together and I claimed her as a dependant on my W-4 form.

 

[kranky]

No, you can't file jointly if you aren't married. And you most certainly can't claim the same person as your spouse AND a dependent.

[edit: You can claim whatever you want on a W-4 since that only controls the amount of withholding. Just be careful you don't under-withhold which can make you subject to penalties. My comment was about the actual tax return, not the W-4]

 

[Drekce]

That's pretty funny that you call her your "wife." I always assumed one has to marry his wife. I can see it now, high school kids all over are going to have "husbands" and "wives" after dating for a few months. Soon after, liberals all over the country will be seeking legislation to cover "light" spouses (a person who is a "husband" or a "wife" without having been legally married).

No, the tax laws do not cover live-in girlfriends. Does she file her own taxes? I'm not trying to be jerk, I was just floored by the question.

 

[DonaldC]

Originally posted by: sadb0i
Even though my wife and I are not "legally" married. Can we file our taxes jointly or does it have to be separate? We are obviously living together and I claimed her as a dependant on my W-4 form.

Either you are married or not. Some states recognize a 'common law marriage' and I would imagine the feds would have to also.

 

[KC5AV]

In Texas, if you file a joint return (yes, you can), you are married in the eyes of the state.