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People can get tax advantages from filing as married filing jointly based on a common law marriage. However, common law marriage has to be recognized by the state you live in (or, if you've recently moved to a state that does not recognize common law marriage but the state you just moved from did, you can claim MFJ for that year). And you both have to present/consider yourselves in public as husband and wife. You should prepare taxes both ways (single/head of household and married filing jointly) to see which benefits you the most.

AnswerNo I would not file my taxes based on a common law marriage. People have all kinds of reasons for getting you connected to them legally when you are not ready for marriage. Do not fall for that trick. In fact, some states do not even recognize common law marriages. Go online and do a Google search for "states that recognize common law marriages". I know states like AK and MS and a whole lot of other states do not recognize common law marriages. What is wrong with filing single. Basically that's what you are if you have not went down to the JOP and said I do. Basically the benefits of common law are someone is getting the benefits of marriage with no real commitment. Look into that very carefully before you start making decisions that legally married couples make it may do you in when you decide you don't want to be in this relationship any longer and it may set you back financially when it comes time to be with someone you really want to marry. Good Luck!

This answer has the tone of hate in it. The answer is so complex it can't be answered here.

Considerations.

Government shouldn't be in the marriage business. Some states recognize this and and that would be the reason for lack of common law marriage laws.

What is wrong with filing single? Obviously someone who doesn't do their own taxes or has no clue what they are talking about. Filing married can be thousands of dollars in your pocket.

Age of relationship dictates common law marriage and that means your finainces are intertwined. so the excuse of "looking for a better deal" down the road is not an answer to this question.

Most would find this to be a similar problem with gay marriage. If the government was out of the business of punishing singles people versus married then there would be no argument for government acknowledgement of gay marriage it would fall on the religion.

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โˆ™ 2011-09-13 14:06:04
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Q: Should you file taxes based on a common law marriage?
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Related questions

What is a common law marriage?

* Common Law Marriage is when partners are living together and have not married and registered as a married couple. Still, in some States you are considered married and will pay taxes, etc., as such and if you should terminate the relationship you may have to divide any assets you both have together.


What to consider first while dealing with taxes and a common law marriage?

The first thing to consider when dealing with taxes and a common law marriage is to determine if your state recognizes state law unions in the first place. Currently, eleven states provide for common law marriages and in addition, federal law requires that all states recognize a common law marriage if it was enacted in a state with legal provisions for such a union.


If you are in a common law marriage in Oklahoma should you file taxes as head of household?

If Oklahoma recognizes common law marriage, and you both present yourselves as husband and wife, you need to file married filing jointly or married filing separately. Head of household filing status is for single or divorced persons who have a qualifying child.


What is a common law?

* Common Law Marriage is when partners are living together and have not married and registered as a married couple. Still, in some States you are considered married and will pay taxes, etc., as such and if you should terminate the relationship you may have to divide any assets you both have together.


Do you have to be legally married to file taxes jointly?

Yes, your marriage has to be legally recognized, but some states have common law marriage where you're recognized as legally married without a marriage license. If you became legally married in a common law state, your marriage is recognized federally. It is also recognized by other states that don't have common law marriage if you move to another state after establishing a common law marriage. As long as your common law marriage remains valid and you haven't separated, you can file jointly for federal and state tax purposes. It appears that the following states have common law marriage laws: Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Utah, and Texas (and the District of Columbia). If you established a relationship in one of these jurisdictions, you'll want to see if you have a legal marriage under the area's common laws.


Do you have to file taxes if you are over 80?

Income taxes are not witheld based on age. It is based on Earned income.


Is a spouse responsible for unpaid income taxes?

Usually both parties are responsible for tax debts during the marriage. A spouse might not be responsible for taxes owed before the marriage.


How do you write a letter showing proof of common law?

When you pay your taxes it should state on the tax form that you are 'common-law' and you can use this as proof alone with a cover letter stating that you have attached a copy of your last years taxes as common-law partners.


What is the benefits received principle?

A taxation principle stating that taxes should be based on the benefits received. The benefit principle works from the proposition that those who receive the greatest benefits should pay the most taxes. The benefit principle is commonly used for near-public goods such as highways, libraries, college, and national parks. This is one of two taxation principles. The other is the ability-to-pay principle, which states taxes should be based on income or the ability to pay taxes.


What is the benefits receive principle?

A taxation principle stating that taxes should be based on the benefits received. The benefit principle works from the proposition that those who receive the greatest benefits should pay the most taxes. The benefit principle is commonly used for near-public goods such as highways, libraries, college, and national parks. This is one of two taxation principles. The other is the ability-to-pay principle, which states taxes should be based on income or the ability to pay taxes.


What are the types of taxes?

Taxes may be proportional taxes, progressive taxes or regressive taxes, based on how they are calculated.Some types of taxes are excise taxes, income taxes, sales and value-added taxes, and property (ad valorem) taxes.


What are the type of taxes?

Taxes may be proportional taxes, progressive taxes or regressive taxes, based on how they are calculated.Some types of taxes are excise taxes, income taxes, sales and value-added taxes, and property (ad valorem) taxes.

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