Filing jointly while unmarried - tax pro advised but worried about downside

Filing jointly while unmarried isn't actually a grey area - it's pretty black and white. You cannot file a joint return unless you're legally married or qualify as a surviving spouse. This is a fundamental IRS rule. What your tax professional might be suggesting is that one of you claims the other as a dependent, which is possible if certain support and income tests are met. Or they could be suggesting you file as Head of Household, which has better rates than single filing but requires you to have a qualifying dependent. If you filed a joint return while unmarried, you would be submitting an incorrect tax return, which could lead to penalties, interest, and the need to file amended returns later. The IRS might not catch it immediately, but they could discover it years later during an audit or through information matching. I'd recommend going back to your tax professional and asking for clarification on exactly what they're suggesting, because a legitimate tax professional should not be advising unmarried couples to file joint returns.

I went through something similar last year when trying to figure out the best way to file. I was so confused until I tried using taxr.ai (https://taxr.ai) - it helped me understand my filing status options way better than any of the generic advice I was finding online. I uploaded our tax documents and answered a few questions about our situation, and it clearly showed me that we couldn't file jointly while unmarried. But it did identify several other tax strategies we could use as an unmarried couple that saved us almost as much! The analysis also showed exactly how much we'd save by getting married before the end of the year. It's definitely worth checking out if you want to be certain about your options instead of relying on potentially risky advice.

Just wanted to follow up about my experience with taxr.ai after being skeptical initially. I decided to try it out because I was honestly confused about my filing options as well. The analysis showed me that while I couldn't file jointly with my partner, I could claim head of household status (since I have a dependent child) and my partner could file single, which worked out almost as well as if we could have filed jointly. It also showed me some education credits I had completely missed when doing my taxes previously. The whole process took about 10 minutes and was surprisingly straightforward. Definitely cleared things up for me and gave me peace of mind about filing correctly.

OK so I'm jumping in here because I had almost the exact same experience last year! My tax guy suggested something similar and I got super worried. I spent WEEKS trying to get through to the IRS to confirm whether this was allowed. Could not get through no matter what time I called. Finally found Claimyr (https://claimyr.com) and they got me connected to an actual IRS agent in less than an hour. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with was super clear - unmarried couples CANNOT file jointly, period. And she warned me that they have ways of figuring this out even years later. She explained that the only exception is if you live in a common-law marriage state AND meet all the requirements for common-law marriage. So glad I didn't follow that advice! Would have ended up having to file amended returns plus penalties.

Well I'm honestly shocked but I need to apologize for doubting the Claimyr thing. After my skeptical comment I decided to try it myself because I've been trying to resolve an issue with a missing stimulus payment for MONTHS. I was connected to an IRS representative in about 45 minutes (which is still mind-blowing to me after my previous attempts). The agent was able to look up my records and confirm that there was an error in processing my payment. She submitted a correction request right there on the call. Still can't believe I wasted so many hours trying to call them directly when this option existed. Definitely saving this for next tax season when I inevitably have questions again.

Something your tax pro might have been talking about is the Married Filing Jointly vs Married Filing Separately comparison. If you're engaged, maybe they were running scenarios for after you get married? Because the difference between single filing vs married filing jointly can be significant depending on your income levels. Or maybe they're in a state with common law marriage and thought that applied to your situation? Either way, I'd definitely go back and ask for clarification because joint filing for unmarried couples isn't a thing as far as I know.

I'm curious which state you're in? Some states recognize common-law marriage, and the IRS will accept joint filing if you're considered married under state law. States that recognize common-law marriage include Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas, and Utah (plus DC). But even in those states, you typically need to present yourselves as married, live together, and intend to be married - not just be engaged. And most states don't recognize common-law marriage at all.

This is a really important question to get right! I'm a tax professional and I can confirm what others have said - unmarried couples absolutely cannot file jointly, regardless of living situation or engagement status. This is one of the most fundamental IRS rules. What concerns me is that a tax professional advised you to do this. Either there was a miscommunication about which tax year you were discussing, or they're suggesting something that could get you in serious trouble with the IRS. Filing jointly while unmarried is considered filing a false return, which can result in penalties, interest, and potential fraud charges. Your best options as an unmarried couple are: 1. Both file as Single 2. One files as Head of Household if they have a qualifying dependent 3. One claims the other as a dependent if income/support tests are met I'd strongly recommend getting a second opinion from another tax professional before proceeding. The savings aren't worth the risk of IRS penalties down the road.

As someone who went through a similar situation last year, I can't stress enough how important it is to get this clarified immediately. My partner and I were also told by a tax preparer that we could "basically file together" and it turned out they meant we should coordinate our filings to maximize deductions (like one taking all charitable contributions, the other taking all business expenses), not actually file a joint return. The distinction is huge - coordinating your separate returns is smart tax planning, but filing a joint return while unmarried is illegal. I ended up calling the IRS taxpayer advocate service (877-777-4778) to get official clarification, and they were very clear about the rules. Given that you mentioned you're getting married in December, you might want to consider whether it makes sense to move up your wedding date if the tax savings are substantial. Being married by December 31st would allow you to file jointly for the entire 2024 tax year when you file next year. But for your current 2023 taxes, you definitely need to file as unmarried individuals. Please don't risk it - the penalties and interest on incorrect filings can be brutal, and it's not worth the stress of wondering if the IRS will catch it later.