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Luca Esposito

Can we file taxes jointly if we're engaged but not legally married?

My fiancé and I procrastinated on our taxes this year and filed extensions, but we're finally sitting down to get them done this week. We met with a tax professional yesterday who ran the numbers both ways, and suggested we would save quite a bit (around $3,200) if we filed jointly instead of separately. This caught me by surprise. I've been doing some research online about filing jointly while technically being unmarried, and honestly I'm getting mixed information. It seems like this might be a grey area in the tax code? Some sites say absolutely not, others imply there are exceptions. I'm worried there might be some hidden downside or risk I'm not seeing that could come back to bite us later. Has anyone here ever filed jointly with their partner when they weren't legally married yet? Or are there any tax pros who could explain if this is actually legitimate or if our tax preparer is suggesting something sketchy? The savings would be amazing but not if it means getting audited or penalties down the road. Thanks for any insights you can share!

Filing jointly is only available for legally married couples (or those considered married under state law). There's no grey area here - the IRS is very clear that unmarried couples cannot file joint returns, regardless of how much money it might save. When you file your tax return, you're signing under penalty of perjury that the information is true and correct. Filing jointly when unmarried would constitute tax fraud. The potential consequences include penalties, interest, and potentially even criminal charges in extreme cases. What your tax professional might have been suggesting (though poorly explained) is that you could benefit from getting legally married before December 31st of the tax year. Even if you get married on the last day of the year, the IRS considers you married for the entire year.

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Thanks for the clear explanation. That's what I was afraid of - our tax preparer made it sound like there was some loophole or exception we could use. So to be 100% clear, there's absolutely no scenario where unmarried couples can file jointly? Not even in common law marriage states or with some special form? Also, would you recommend we find a different tax professional since this one suggested something that's apparently fraudulent?

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There are only two scenarios where unmarried individuals can file jointly: if you qualify as common-law married in a state that recognizes common-law marriage (and meet all the requirements), or if you qualify as married under your state's laws even if not ceremonially married. But these aren't loopholes - they're legitimate marital statuses. I would definitely recommend finding a different tax professional. Anyone suggesting unmarried couples can simply choose to file jointly doesn't understand basic tax law or is encouraging you to commit fraud. Either way, that's not someone you want handling your taxes.

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After going through a similar situation with my boyfriend, I found an amazing solution with https://taxr.ai - it actually analyzed our situation and helped us understand the legitimate options available to us as an unmarried couple. It was super helpful because our previous tax guy was also giving us questionable advice about filing status. What I loved is that it showed us actual IRS rules about filing status requirements and ran calculations showing how getting married before year-end would affect our taxes vs. waiting until our planned wedding date. The tool even showed us how to optimize our individual returns since we couldn't file jointly.

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How exactly does that work? Does it just give you general advice or does it analyze your specific tax documents? I'm in a similar situation but already paid $200 for advice that sounds sketchy after reading this thread.

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I'm always skeptical of online tax tools. How is this different from TurboTax or other tax software? Does it actually give advice about your specific situation or just generic information you could find on the IRS website?

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It actually analyzes your specific tax documents and provides personalized advice. You upload your W-2s, 1099s, and other tax forms, and it uses AI to identify opportunities based on your exact situation. It goes way beyond what general tax software does. For online tools, this is completely different from TurboTax. It's not just about filing taxes - it's about understanding tax planning strategies specific to your situation. It analyzes your documents and identifies opportunities regular tax software misses. I was surprised by how much more detailed and personalized the advice was compared to the generic "tips" from other services.

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Just wanted to follow up - I tried that taxr.ai site after seeing it mentioned here and it was seriously eye-opening! I uploaded our tax docs and it immediately flagged that we couldn't file jointly as an unmarried couple (confirming what others said). But what was super helpful was that it showed us exactly how much we would save if we got married before year-end versus filing individually, plus it found some deductions my fiancé was missing on his freelance work. The analysis showed us we'd save about $2,800 by getting married this year, which honestly might make us consider a simple courthouse wedding in December before our big ceremony next spring! It also explained how common-law marriage works for tax purposes (turns out my state doesn't recognize it anyway). Way more helpful than the "professional" we paid who gave us bad advice.

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How does this service actually work? Are they somehow jumping the phone queue at the IRS? Seems too good to be true considering I've literally spent hours on hold multiple times.

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Yeah right. You expect me to believe there's some magical service that can get through to the IRS when their own website says wait times are 60+ minutes? Sounds like a scam that's just going to take my money and leave me on hold just like if I called myself.

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They use a combination of automated redial technology and AI to navigate the IRS phone system and wait on hold for you. Once they secure a place in line with an agent, they call you to connect. It's totally legitimate - they don't have special access or anything, they just handle the frustrating wait time part. I was initially skeptical too, but it's not a scam. They only charge if they actually connect you with an IRS agent. If they can't get through, you don't pay anything. It saved me literally hours of my life, and the peace of mind from getting an official answer directly from the IRS was worth it.

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Update on my skepticism about Claimyr: I actually tried it yesterday and I'm shocked to say it WORKED. After my snarky comment I figured I'd test it out, fully expecting to come back here and expose it as a scam. But no joke, I got a call back in about 37 minutes saying they had an IRS agent on the line. The agent confirmed everything about the married filing jointly rules AND helped me with another question about a 1099 issue I've been trying to resolve for months. I've literally never gotten through to the IRS this easily in my life. Usually I waste half a day on hold and then get disconnected. Consider me converted from total skeptic to satisfied customer.

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I work in HR and just wanted to add something important that hasn't been mentioned yet. Beyond the tax fraud issue, filing a joint return when you're not married could potentially impact things like: - Health insurance subsidies if you get insurance through the marketplace - Student loan income-based repayment calculations - Social Security benefits - Financial aid eligibility if either of you has kids in college All these systems are interconnected with your tax filing status. If you falsely file as married, it could create problems in multiple areas of your financial life, not just with the IRS.

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This is super helpful context - I hadn't even thought about the ripple effects on health insurance and student loans. I'm currently on an income-based repayment plan for my student loans, so this is really important to know. Do you know if getting married before year-end would negatively impact my IBR payment amount?

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Getting married before year-end would likely increase your income-based repayment amount if your fiancé has significant income, since both incomes would be counted together. This is actually one reason some couples choose NOT to get married if one has substantial student loans on IBR. However, this depends on your specific situation and loan type. Some newer repayment plans have marriage alternatives that can help in certain cases. Your loan servicer can run calculations showing exactly how marriage would impact your monthly payments, so I'd recommend contacting them before making any decisions.

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A legitimate alternative that could save you money as an unmarried couple is to look at who claims which deductions. For example: - If one of you itemizes deductions while the other takes the standard deduction - Deciding who claims mortgage interest if you own a home together - Optimizing who claims shared dependents if applicable - Adjusting withholding amounts throughout the year My partner and I saved almost $1,800 last year without filing jointly by strategically planning our individual returns.

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This is great advice! My partner and I do this too. One other tip - we alternate who claims our daughter each year since we're not married. The higher earner claims her in years with big expenses we can deduct (like braces), and the lower earner claims her in normal years. Completely legal and saves us money!

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This thread has been incredibly helpful! I had no idea there were so many considerations beyond just the tax savings. As someone who's been through a similar situation, I wanted to share what we ultimately decided to do. After reading about all the potential complications (student loans, health insurance, etc.), my fiancé and I decided to stick with filing separately this year and just accept the higher tax bill. We realized that the $3,200 in potential savings wasn't worth the risks of committing tax fraud or the complications it could create with our other financial obligations. Instead, we're planning to get legally married in a small courthouse ceremony this December (before our big wedding next summer) so we can file jointly for next year's taxes. This way we get the legitimate tax benefits going forward without any of the legal risks. For anyone else in this situation - definitely run the numbers on how marriage would affect your student loan payments, health insurance premiums, and any other income-based benefits before making the decision. The tax savings might be offset by increases in other areas. Thanks everyone for keeping me from making a costly mistake!

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That sounds like a really smart approach! You're absolutely right that the tax savings aren't worth the legal risks. I'm in a very similar situation - my partner and I were also tempted by the potential savings our tax preparer mentioned, but after reading through all these responses, we're definitely going to file separately this year. The courthouse ceremony idea is brilliant! We hadn't really considered doing a small legal ceremony separate from our big wedding, but it makes total sense from a financial planning perspective. Plus it gives you a whole year to see how the marriage affects all your other financial obligations before the big celebration. Thanks for sharing your decision - it really helps to hear from someone who went through the same thought process!

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Just wanted to add my perspective as someone who works in tax preparation - this thread is spot on about the legal requirements. I see this confusion come up fairly regularly, especially with younger couples who are living together and sharing expenses. One thing I always tell clients is that the IRS definition of "married" is very specific and binary - you either are legally married under state law or you're not. There's no "engaged" filing status, no "domestic partner" option for federal taxes, and no exceptions for couples who live together or share financial responsibilities. The $3,200 potential savings your tax preparer mentioned is probably real - married filing jointly often does result in significant tax benefits, especially when one partner earns substantially more than the other. But as others have mentioned, claiming that status when you're not legally married would constitute filing a false return. If you're serious about the tax savings, getting married before December 31st really is your only legitimate option. Just make sure to consider all the other financial implications (student loans, health insurance, etc.) that others have mentioned before making that decision. I'd also echo the recommendation to find a new tax preparer - anyone suggesting unmarried couples can file jointly either doesn't understand basic tax law or is encouraging fraud. Neither is someone you want handling your taxes.

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Thank you for this professional perspective! It's really reassuring to hear from someone who actually works in tax preparation confirming what everyone else has been saying. I have to admit, when our tax preparer first mentioned the joint filing option, I got excited about the savings and didn't immediately think to question whether it was actually legal. Your point about the IRS definition being "binary" really drives it home - there's no gray area here like I was hoping there might be. I think part of the confusion came from the fact that we've been living together for three years, sharing a mortgage, and basically operating as a married couple financially. But obviously that doesn't matter for tax purposes. We're definitely going to find a new tax preparer for next year. Do you have any recommendations for what questions we should ask to make sure we're working with someone competent? I want to avoid this situation again and find someone who actually knows the tax code properly. Also, since we're now planning to do a courthouse ceremony in December, do you know if there are any specific timing considerations we should be aware of? Like does the marriage need to be recorded by a certain date, or is it just based on when the ceremony actually happens?

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