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Filing of joint taxes

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jhing114

Junior Member
What is the name of your state? Illinois

Hi... My fiance and I are planning to get married soon. He works for a place that issues them checks without taxes deducted. If we get married, can he also file for tax? joint tax? Shall I just place his name under dependents (I have another dependent, my 2-year old son.) I am not very knowledgeable about tax laws here in the US (I am a permanent resident), so can anybody advice me on the legal way to do it in case we get married and have to file taxes? Thank you for your help.

Jhing
 


perhapsure

Junior Member
Your situation is too complicated to advise here.
First, you would have to find out what he is doing about his income taxes.
Ask him for his previous income tax returns, forms 1040, from the last two years.
If he does not have that, then you can expect difficulties when you get married.
If you plan to get married, then you must consult an expert tax advisor, preferably a tax accountant. That person can advise you how to proceed.
Do not get married until the tax questions are all answered.
 

jhing114

Junior Member
Thanks for replying. He works but not full time, they're paid by personal checks from the management. He did have some W2's before when he worked full time, and I guess that was like about 3 years ago. We plan to marry this year though I wouldn't want to change my name to his family name yet. Will it be fraudulent for me to declare on my tax next year that I am still single (with a minor child as dependent) if we get to marry before the end of the year?
 

perhapsure

Junior Member
If you marry in 2005, then you are married for the whole year in the eyes of internal revenue--the tax people. Once you marry, you have limited options for your taxes: either file together jointly, or file as married but separate. Any tax office can help you figure that out. Even the IRS has volunteers who help with tax filing.
Yes it is fraudulent to file as a single person when you are married.

I still think you need to explore fully his tax situation. It would be better to know absolutely everything and see all his previous tax returns before you marry this guy. There is nothing wrong with demanding full disclosure. Any problems you do not find now, will probably become your problems later.
If he insists that nothing is wrong, then simply say: then it will not hurt to show me the papers, because you love me.

best regards
 
jhing114 said:
What is the name of your state? Illinois

Hi... My fiance and I are planning to get married soon. He works for a place that issues them checks without taxes deducted. If we get married, can he also file for tax? joint tax? Shall I just place his name under dependents (I have another dependent, my 2-year old son.) I am not very knowledgeable about tax laws here in the US (I am a permanent resident), so can anybody advice me on the legal way to do it in case we get married and have to file taxes? Thank you for your help.

Jhing
You will not be liable for any taxes, if any, he owes prior to your marriage. However, if you have jointly owned property the IRS would bw able to look to his interest in the property if it needed to collect taxes.

There is nothing that will prevent you from filing joint returns if you wish. You should be aware that if you file jointly and there are unpaid taxes, you would be liable those taxes, even if the cause of the unpaid taxes is the fact that he has no withholding. You can also file separately if you are married, although the tax rates imposed are much less favorable.
 

pojo2

Senior Member
Are you concern about your earned income tax credit?

Child support issues...I mean what are you asking us instead of having everyone guess? Why do you not want to file jointly?
 

jhing114

Junior Member
pojo2 said:
Are you concern about your earned income tax credit?

Child support issues...I mean what are you asking us instead of having everyone guess? Why do you not want to file jointly?

Thanks for all your replies. It's not that I don't want to file jointly. I want to but the thing is, he doesn't have W2's so I dunno where to go from there. I'll seek help from a tax accountant as Perhapsure advised (and hold off on marriage for awhile.) Thanks!
 

Snipes5

Senior Member
And make sure you tell the tax person ALL the details of your situation. The fact that your son lives in the philippines is relevant here.

In addition, employers are REQUIRED to take out Social Security and Medicare taxes, so if your fiance's employer is not doing that, you could be walking into a fine mess.

Snipes
 

nanomug

Member
I often work as an independent contractor, where I submit a bill for service rendered and get paid without witholding. This is ok under certain circumstances but not others. In essense I own my business. This may be the arrangement your fiance has. If so, taxes still must be paid.
 

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