[candi16830]

I filed my 2008 taxes as Married filing joint on my taxes for me and my fiancée (common law husband). However it screwed up my financial aid for school, and I just found out my state doesn't recognize common law marriages for tax returns starting in 2007. I also received a letter from the IRS saying I owe more money. How do I fix this... HELP PLEASE

[MukatA]

Need to know the reason in the IRS letter as to why you owe the money. If as per IRS you can not file joint return, then file amended tax return Form 1040X with properly done tax return with single status.

[candi16830]

it states the income and payment information that we have on file does not match entries on your 2008 form 1040A. It's because we forgot to Claim the unemployment for year 2008 additional income of 11,400 dollars and Im not disagreeing I owe the money. Do I just need to pay this to fix it? But my school is stating they can get my financial aid until I fix these. So I would just need to fill out the 1040X for both of us? Or just one? The form the IRS sent us was a 9465 installment agreement request.

[Five Rings]

Definition of Spouse
Historically, the IRS took the position that one's marital status, as determined under state law, was recognized in the administration of federal income tax laws. Thus, individuals in a same-sex marriage under state law could be treated as spouses for federal income tax purposes. This included the exclusion of employer-provided health coverage from the employee's gross income.

In 1996, that changed with the Defense of Marriage Act (DOMA). DOMA says that “in determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife.”

Therefore, an employee's domestic partner cannot qualify as a spouse for purposes of excluding employer-provided health benefits from the employee's taxable income.

[candi16830]

It's all good I amended my 2008 return, I filled out a 1040x form and it's all fixed..

[Five Rings]

Who got the letter?
Who got the unemployment benefits?

If both, then each must refile on a 1040X as single, and each pay their portion of tax due.