Legal to file single

[kel4377]

What is the name of your state? NY

Is it legal to file single on your taxes if you're married?

 

[DrewfromCA]

If you want the simple answer...

No.

If you are married, unless you are separated, then you file joint returns with your spouse.

 

[kel4377]

Ok, so if you're married, living together, not separated, and you file single, what can happen? That is illegal right?

 

[Snipes5]

If you are married and file single instead of MFS or MFJ, you will need to amend your return, because it's wrong. You need to file a 1040X.

As far as what can "happen" to you, the IRS can catch you filing improperly, and assess you penalties and interest, depending on whether or not they decide you made a simple mistake (penalties and interest) or were intending to defraud the government (criminal charges and jail time). Yes, it is illegal, though normally most people just make the mistake out of ignorance.


Snipes

 

[kel4377]

Ok, thanks. That was a question I was asking for a friend. He didn't know I guess and him and his wife have been filing single. If he amends his return, but she doesn't, what can happen???

 

[Snipes5]

We already answered your question. The fact that one amends and the other doesn't will not change what "happens", nor does it change the law.

Snipes

 

[abezon]

Ok, thanks. That was a question I was asking for a friend. He didn't know I guess and him and his wife have been filing single. If he amends his return, but she doesn't, what can happen???

Depending on how many years they were married, they may have to amend all tax returns since they got married, since the IRS will not view forgetting they were married as a simple, honest mistake. If filing jointly means they will owe lots of money, the only "solution" would be to have the marriage annulled. An annulled marriage never happened in the first place, so their fraudulent tax returns are magically made accurate.