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Bill
Bill, Enrolled Agent
Category: Tax
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Experience:  EA, CEBS - 34 years experience providing financial advice
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i read this on your site is it true and if so please site irs

Resolved Question:

i read this on your site is it true and if so please site irs document by name paraghraph and verse...

"A couple may file a joint return even if they are not officially married; however, they must continue to file jointly or married filing separate until they get a legal divorce.
Read more: Rules for Filing Joint Income Tax | eHow.com http://www.ehow.com/facts_5170916_rules-filing-joint-income-tax.html#ixzz1LKp51QDo"
XXX@XXXXXX.XXX
Submitted: 3 years ago.
Category: Tax
Expert:  Bill replied 3 years ago.

Bill :

That statement could possibly apply to a couple of situations. The situation could either be a couple living together in a common law marriage or be a couple who is separated under an interlocutory (not final) decree of divorce. These situations are described under "Considered Married" on Page 5 of Publication 501 - http://www.irs.gov/pub/irs-pdf/p501.pdf

Customer:

yes that is obvious, however your statement on the just answer web site seemed to imply that a non married couple who files as joint is thereby required to file either mfs or mfj until an official devorce decree. the question is specifically put as does filing a joint return constitute admission of being married common law or otherwise. Especially if the couple lives in a common law state and has made NO OTHER REPRESENTATION OF MARRIAGE BEFORE THE JOINT FILING.

Bill :

Filing a joint return does constitute admission of being married (common law or otherwise). If the couple also meets other requirements for proof of a common law marriage in the state that they reside in then these actions demonstrate their agreement to have a marital relationship. Here are some of the requirements for a common law marriage in CO - http://www.state.co.us/gov_dir/leg_dir/olls/PDF/COMMON%20LAW%20MARRIAGE.pdf

Bill, Enrolled Agent
Category: Tax
Satisfied Customers: 3078
Experience: EA, CEBS - 34 years experience providing financial advice
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Bill
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EA, CEBS - 34 years experience providing financial advice