Is it OK if last year we file taxes as married but are not legally married and this year file as separate?

If you filed as married and were not legally married you committed fraud. If you file separately this year, you may have to prove divorce or legal separation.

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Originally Posted by ScottGem

If you filed as married and were not legally married you committed fraud. If you file separately this year, you may have to prove divorce or legal separation.

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Well where we wnet to file our taxes the guy told us to file as married because we lived together so we wnet by what he said. Me and my girlfriend are together now but do not live together and she wanted to do her income tax by her self. So is that legal?

The problem is not whether its legal to file separately. It is. The problem is that you committed a fraud last year.

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Originally Posted by ScottGem

The problem is not whether its legal to file separately. It is. The problem is that you committed a fraud last year.

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So what are we suppose to do about it? Is there anyway that it can be fix

I say just hope you aren't caught and if you are blame it on the preparer.

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Originally Posted by ScottGem

I say just hope you aren't caught and if you are blame it on the preparer.

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So what can happen with this whole situation? What can they do?

Okay, you MAY have been considered married under a Common Law Marriage statute that is permitted in eleven states (see link below).

Common-law marriage in the United States - Wikipedia, the free encyclopedia

If you live in one of these states, you have nothing to worry about.

If not, then you probably need to amend the return to fix the problem. If you come forward voluntarily, the IRS will probably waive any penalties (though you WILL pay interest on any additional taxes owed).