Understanding the Implications of Filing Taxes as Single after Marriage in 2018

Discover the legal implications of accidentally filing your taxes as single in 2018 when you were actually married, and learn how to address this issue to avoid potential disputes.

Check: Single vs. Married Filing Status

When you file your taxes, the most common forms, such as the 1040 Form, allow you to select a filing status. The three options for married individuals are: married filing jointly, married filing separately, and qualifying widow(er) with dependent child. However, what happens if you unintentionally checked the single or head of household box in 2018?

Legal and Tax Implications

It is generally not illegal to file as single if you are actually married. The key aspect is whether you meet the tax laws for married individuals. If you and your spouse did not file jointly for 2018, it could affect both your current tax return and future tax liabilities. Here are some important points to consider:

Common Law Marriage and Filing Status

In some states, common law marriage is recognized. This means that if you and your partner meet certain criteria, such as living together for a specified number of years and treating each other as husband and wife, you are considered legally married, even without a typical wedding. However, if your state does not recognize common law marriage, the filing status matters significantly.

How It Works in Practice

In situations where common law marriage is recognized:

If there is a box for divorce or widowed, and it was not checked, and the filing status was erroneously marked as single, it may not be a legal issue. The filing status must be corrected to reflect your actual marital status.

How to Address the Filing Error

If you find out that you unintentionally filed as single and this might affect your tax return, here’s what you can do:

Review Your State’s Laws: Check whether your state recognizes common law marriage. This will determine if you need to take additional steps to prove your marital status. Check the Filing Date: Determine the exact date when you and your partner agreed you were married. This is crucial for proving the date of marriage. Seek Legal Advice: Consulting with a tax professional or attorney can provide you with specific guidance tailored to your situation. They can help you understand the implications and how to correct the filing status.

What if the Amount is Trivial?

If the amount at stake for a tax discrepancy is minor, you may decide to file corrected returns for the affected year(s) and move on. However, if the discrepancy is substantial, it is advisable to consult a professional.

Proof and Certification

To prove your marital status, you would need to provide evidence that a common law marriage existed. Here are some documents that can support your claim:

A marriage license or certificate is not sufficient proof. A common law marriage certificate or formal document. Documentation of public recognition of being married (e.g., joint bank accounts, joint leases, tax Returns file as married).

Additionally, statements from witnesses or relevant legal records can support your case. However, it's essential to know that some states only recognize common law marriage for certain purposes, but not for tax returns. If you file as single for a tax year, it is a strong indication that you were not legally married for tax purposes.

Conclusion

Filing your taxes as single when you are actually married can complicate your tax situation. Ensure that you file correctly and consult a professional if you have any doubts or violations. Understanding the implications and proper procedures can prevent misunderstandings and potential legal issues.