I am married to an illegal.
Do I put him on my taxes? He doesn't work.
And last year I put single.
So do I put married or single

If you are married to file any other way but married is tax fraud.

File married, filing separately BUT you will be asked for his SS number so IRS can make sure he did file.

If you filed as single last year you have already committed fraud.

Why doesn't he try to become legal and solve the problem?

You are caught between a rock and a hard place - and I realize that.

He don't have a ss card.
And he doesn't work

Kayla:

First, you did NOT commit fraud for the 2010 tax return.

Fraud requires criminal intent; you merely filed incorrectly, and that is something you CAN fix by amending your 2010 return and filing JOINTLY with your spouse. If he has a passport, he can submit Form W-7 with the amendment and get an Individual Tax Identification Number (ITIN). All that needs to be submitted with the Form w-7 is a notarized photocopy of his passport, which can be done at your local bank in most states.

Once you get the ITIN for your husband, then you can file the 2011 return electronically.

If you need professional help, I can help you with this process. Double-click on my title above, then scroll down to the bottom of the page where my signature block is located. My email address is in my signature block.

Could you clarify this for me? I was told that filing single when, in fact, a person is married IS fraud and WILL be prosecuted. That's why you check status AND provide the name of the spouse.

I don't understand how failure to do so - listing yourself single when you are married - isn't fraud. I can't imagine forgetting you are married.

But you are very clearly the expert and I am not. I only see this issue from the "legal" side of things.

What am I missing?

Judy:

I understand that, from a strictly legal perspective, you might consider filing SINGLE when you are married as tax fraud. However, if you review Chapter 2 of IRS Pub 17, you will find that it is legal to file SINGLE if you are living apart from your spouse and you meet other criteria.

Also note that, tax-wise, filing SINGLE and filing MARRIED FILING SEPARATELY usually results in the SAME tax liability. The only reason to file SINGLE vice MFS is to qualify for certain credits like the Earned Income Credit.

Finally, Kayla probably was not sure about the legality of her situation. She may have mistakenly believed that her marriage to an illegal alien was itself illegal. In her mind, the legally safe thing to do would be file SINGLE.

Unless the IRS has a strong prima facie proof of criminal intent, they do NOT pursue criminal charges. They just amend the return to Married Filing Separately and drive on from there.

Thanks for the explanation - we're on the same page and now I DO understand what the OP might have been thinking.

Again - thanks for explaining.