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Discussion:Married or Single

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{{ForumReplyPost|UserID=Trillium|Date=8 April 2014|Text=Along the same lines as Cathy's question:  What state are they in?  And what state was the ceremony in?
{{ForumReplyPost|UserID=Trillium|Date=8 April 2014|Text=Along the same lines as Cathy's question:  What state are they in?  And what state was the ceremony in?
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It seems to me, from my vague recollection of the prior discussions about similar topics (thought they were married, etc.) that '''state law is key''' here.  If you're doing a search on the topic on this site, you might include Mscash or, separately, "Tax Writer" (including the quotes) as a search term, as they are two of the people I seem to remember participating in the discussions.}}
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It seems to me, from my vague recollection of the prior discussions about similar topics (thought they were married, etc.) that '''state law is key''' here (edited to add:  and that state laws about the relevance of licenses and/or ceremonies differ in unexpected and surprising ways).  If you're doing a search on the topic on this site, you might include Mscash or, separately, "Tax Writer" (including the quotes) as a search term, as they are two of the people I seem to remember participating in the discussions.}}
{{ForumReplyPost|UserID=STG|Date=8 April 2014|Text=I classify things like this in the category of tax expert, not marriage law expert.  To client, "If you are married in accordance with the laws of this state then you are married for the purposes of taxes.  Are you sure you are not married by the laws of this state?  Perhaps you want to check with a legal expert?  No, okay, so you are sure you're not married.  That's great.  I will file you as single and my notes will reflect that you determined that you were not legally married."}}
{{ForumReplyPost|UserID=STG|Date=8 April 2014|Text=I classify things like this in the category of tax expert, not marriage law expert.  To client, "If you are married in accordance with the laws of this state then you are married for the purposes of taxes.  Are you sure you are not married by the laws of this state?  Perhaps you want to check with a legal expert?  No, okay, so you are sure you're not married.  That's great.  I will file you as single and my notes will reflect that you determined that you were not legally married."}}
{{ForumReplyPost|UserID=STG|Date=8 April 2014|Text=Obviously if I knew for a fact that their determination was incorrect my answer would be different, but I'm not in the business of researching the vagaries of marriage laws.}}
{{ForumReplyPost|UserID=STG|Date=8 April 2014|Text=Obviously if I knew for a fact that their determination was incorrect my answer would be different, but I'm not in the business of researching the vagaries of marriage laws.}}

Revision as of 18:55, 8 April 2014

Discussion Forum Index --> Basic Tax Questions --> Married or Single


Discussion Forum Index --> Tax Questions --> Married or Single

Bbla (talk|edits) said:

8 April 2014
Clients obtained a marriage license, went through with the religious ceremony, after the ceremony the clients did not file the license with the county/state. The clients want to continue to file as single.

The clients are in their 70s and the spouse could lose some benefits if she remarries. They claim that they are married in the eyes of god but are not married according to the state and therefore should be allowed to file as single. I asked if they were sure that the minister did not file the license for them. They claimed he did not. All their friends believe that they are now married. I am buying into their reasoning that they should be able to file as singles because the license was not filed with the state. These marriage license expire after 90 days. Any comments would be appreciated.

CathysTaxes (talk|edits) said:

8 April 2014
I would ask for proof. Have them contact the county and check for a marriage license. Are you in a common law state?

Trillium (talk|edits) said:

8 April 2014
Along the same lines as Cathy's question: What state are they in? And what state was the ceremony in?

It seems to me, from my vague recollection of the prior discussions about similar topics (thought they were married, etc.) that state law is key here (edited to add: and that state laws about the relevance of licenses and/or ceremonies differ in unexpected and surprising ways). If you're doing a search on the topic on this site, you might include Mscash or, separately, "Tax Writer" (including the quotes) as a search term, as they are two of the people I seem to remember participating in the discussions.

STG (talk|edits) said:

8 April 2014
I classify things like this in the category of tax expert, not marriage law expert. To client, "If you are married in accordance with the laws of this state then you are married for the purposes of taxes. Are you sure you are not married by the laws of this state? Perhaps you want to check with a legal expert? No, okay, so you are sure you're not married. That's great. I will file you as single and my notes will reflect that you determined that you were not legally married."

STG (talk|edits) said:

8 April 2014
Obviously if I knew for a fact that their determination was incorrect my answer would be different, but I'm not in the business of researching the vagaries of marriage laws.
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