Taxizen Posted January 23, 2009 Report Posted January 23, 2009 What is the ground for filing married joint? Marriage Certificate or facts such as ceremony in front of public, intent, living together or what else? What do we request for the marriage proof? If they were married at foreign country in 2008 and filed the marriage at the court in US in 2009, what is their filing status for 2008? They couldn't register the marriage at the foreign country since the man was a US citizen. Any idea? Quote
OldJack Posted January 23, 2009 Report Posted January 23, 2009 A marriage certificate is always issued in all states, I have no idea about foreign marriages. Unless the IRS is requesting proof I would not require proof in order to prepare a tax return unless I had a valid reason to suspect the person was not married. Quote
GeneInAlabama Posted January 23, 2009 Report Posted January 23, 2009 You need to check with your state. In Alabama, if a couple holds themselves out to be married, they are considered to be married by common law. If they file a tax return together, buy a house together, or list themselves in any way to be married, they have to go through a divorce if they part. Quote
taxxcpa Posted January 23, 2009 Report Posted January 23, 2009 I thilnk a 'don't ask, don't tell' approach would be the best. If someone wanted to file jointly with a member of the opposite sex, I would assume they are married either officially or by common law. If you express doubt that people are married, you could insult a lot of people. Quote
OldJack Posted January 23, 2009 Report Posted January 23, 2009 >>If someone wanted to file jointly with a member of the opposite sex<< Same sex marriages still does not qualify for federal joint filing. That may change in the future but for 2008 it is still not joint and a tax preparer could get penalties if they knew and still filed joint. Quote
Lion EA Posted January 24, 2009 Report Posted January 24, 2009 But, that wasn't the OP's point. He was concerned about an out-of-country marriage that the couple themselves were concerned about being legal in this country until some type of registration the next year; their issue spanned a new calendar/tax year. So, even the couple seemed to be unsure of their marital status for 2008 in the US. If the couple felt sure of their marital status, that would be good enough for me. But, if the couple was unsure, I'd send them for legal advice. Quote
David1980 Posted January 24, 2009 Report Posted January 24, 2009 >>If someone wanted to file jointly with a member of the opposite sex<< Same sex marriages still does not qualify for federal joint filing. That may change in the future but for 2008 it is still not joint and a tax preparer could get penalties if they knew and still filed joint. I had to read that quote twice myself. It does say "with a member of the opposite sex" meaning hetero-marriage. I think the point was so long as it isn't same-sex he would not question it. Quote
kcjenkins Posted January 24, 2009 Report Posted January 24, 2009 If they had a valid marriage in 2008, which they must have had to be able to register it here later, then they should have no problem with filing MFJ in 08. Quote
Taxizen Posted January 25, 2009 Author Report Posted January 25, 2009 Ok. But in case of divorce as I know, the valid divorce decree is needed to file single or head of household. So in case of marriage, isn't the marriage certificate or registration needed to file married filing joint? Quote
Janitor Bob Posted January 25, 2009 Report Posted January 25, 2009 Ok. But in case of divorce as I know, the valid divorce decree is needed to file single or head of household. So in case of marriage, isn't the marriage certificate or registration needed to file married filing joint? I have never heard of needing proof to file as married.....Probably because there is little or no tax advantage to doing so....and thus, no incentive to do so when not really married. Quote
TAXBILLY Posted January 25, 2009 Report Posted January 25, 2009 Is the question are they married? Do they not know? taxbilly Quote
kcjenkins Posted January 25, 2009 Report Posted January 25, 2009 Ok. But in case of divorce as I know, the valid divorce decree is needed to file single or head of household. So in case of marriage, isn't the marriage certificate or registration needed to file married filing joint? Well, sure, you have to be legally married to file MFJ, but you don't have to file proof of that. And you are also wrong about having to be divorced to file HOH, an abandoned spouse with a child can file that way while still married. The spouse that walked still has to file MFS, unless he also has a child living with him, in which case he can file HOH too. So we get these nasty situations from time to time where two people are still legally married, but both are living with their kid, so file HOH, often also claiming the girlfriend or boyfriend and that persons kids as well. Fact is, tho, they do not have to provide proof to the preparer in order to file as single. Do you ask everyone who comes in to prove their marital status, before you will do their return? Why not? If a couple comes in do you ask to see their marriage license? Quote
Taxizen Posted January 26, 2009 Author Report Posted January 26, 2009 Well, sure, you have to be legally married to file MFJ, but you don't have to file proof of that. And you are also wrong about having to be divorced to file HOH, an abandoned spouse with a child can file that way while still married. The spouse that walked still has to file MFS, unless he also has a child living with him, in which case he can file HOH too. So we get these nasty situations from time to time where two people are still legally married, but both are living with their kid, so file HOH, often also claiming the girlfriend or boyfriend and that persons kids as well. Fact is, tho, they do not have to provide proof to the preparer in order to file as single. Do you ask everyone who comes in to prove their marital status, before you will do their return? Why not? If a couple comes in do you ask to see their marriage license? The problem is that the spouse doesn't have the tax id or social security number yet. Of course she can obtain it anyway. However, if IRS asks for the proof that they are married, what can they provide? Quote
Terry D EA Posted January 26, 2009 Report Posted January 26, 2009 I have read all of the responses and now it seems your problem is the man is from the US and has married a woman from a foreign country who does not have any type of tax ID. First step is to fill out the W-7 form for her to apply for a ITIN. Once she has that number then you can file them MFJ. In 2008, if they determine they were indeed married, she will still need the ITIN. I have to go along with the person who said to advise them to seek legal advice so they can determine their marital status. If the IRS asks them to prove they are married, I would think a marriage certificate of some sort would be proof enough. However, I don't think they will ask. Terry D. Quote
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