For tax purposes does Common law marriage = married on tax return

[captain149]

What is the name of your state (only U.S. law)? KS
KS recognizes us as common law married since we have lived together for over a year. Can we filed as married? We want to be able to claim my bf niece who also lives with us.What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? KS
KS recognizes us as common law married since we have lived together for over a year. Can we filed as married? We want to be able to claim my bf niece who also lives with us.What is the name of your state (only U.S. law)?

It takes a whole lot more than living together for a year to be married under common law....and the ramifications are far greater than the value of claiming a dependent.

 

[Eahanna719]

When you file together with someone you will be married in IRS eyes and you wont be able to file alone unless its MFS or with someone else unless you get an actual divorce with the person you filed with to begin with.

Your bf , if that is boyfriend, then he can claim her if she has been living with him for more than half the year and supported her more than anyone else including herself supported her.

 

[FlyingRon]

..and the niece doesn't file and declare an exemption for herself (I assume we're talking about a child who doesn't have much income).

The support test by the way isn't sufficient for the unrelated "shacked up". He's disqualified from deducting you if you have ANY tax liability on your own.

Calling him your "boyfriend" works against you in Kansas for common law marriage. You would need to call him "husband". Boyfriend indicates no intent to act as a married couple or perhaps that you intend to be legally married in the future. Both of these disqualifies the "common law" aspect.