IRS/Tax Question

beckerz03

so I quickly went onto the IRS website and could not find the answer...so I am coming here and seeing if maybe knotties can help.

We're getting married on 3/11, but we were planning to do our taxes before we left (so we could have a nice chuck of change to come home to).

Is that legal? I thought it was you had to be married before January of the filing year to have to claim "married" status.

Am I wrong?

drm6285

No clue, maybe someone will know.  Otherwise, maybe you can check with your accountant if you use one?

suzannepdc

I'm 99% positive that you need to be legally married as of Jan. 1 in order to file that way (really for any of the information contained in the return, so if you have a kid on 12/31, you can claim it, on 1/1, you are out of luck!). 

And you definitely cannot file as married if you are not yet married (if I am reading your post right, not sure) since you have to attest and sign that everything in the return is true (which it wouldn't be if you did your taxes on Feb. 10 and you were getting married on March 11).

mishy112

I think Suzanne is right. Because even though you could be married when you file them for the previous year, you would not have been married at all during that tax year.

slevesquemut

I believe that you file married for the first time when doing your taxes for year you got married in.  So if you are doing your taxes for 2010, and you aren't getting married until 2011, you still file single.  Also, I'm looking at this now.  Due to financial statuses, heads of house, that sort of thing, I would check with an accountant about how to file.  My father is a CPA and we'll be saving a lot of money next year if we file as 'married, but witholding at a higher single rate'.  It all depends on your situation, talk to an accountant.

numb3rMel

PP are right. If you're getting married in March of 2011 you cannot claim a married status filing jointly for the tax year 2010. The following tax season you will be able to. 

If you move your wedding date up or marry legally through the courts prior to midnight Dec. 31, you will be able to fill jointly.
 
Hope that helps! 

ToBeMrs.O2011

You must be married during the tax year in order to file married, therefore you cannot claim married for 2010 if you aren't getting married until 3/11/2011. 

On the flip side, it doesn't matter which day you get married during the tax year 1/1 or 12/31, from an IRS perspective you were married the entire year and must claim "married."

We met w/ a financial planner yesterday and I would highly recommend doing the same

DiamondDani

PP are right. Even though you are filing your taxes in 2011--- you're filing for the year of 2010. And if you won't be married between 01/01-12/31/2010 you have to file as single.

You won't be able to file as "married" until 2012, when you're actually filing your 2011 taxes.

******
Slightly off topic but we need to meet with a tax person/accountant here too. I'm still claiming 1 and Tom is claiming 1. But we WILL technically be married this year, so then when we file it will be as married. And I don't know if I should drop down to claiming 0 now? UGH taxes suck!

beckerz03

Thanks ladies. I thought I had it right, I just didn't want to fill it out wrong and then end up in trouble with the IRS.

Good idea on the accountant...so many questions. and I agree dani, taxes suck.