Oh Baby! Posted April 6, 2009 Report Share Posted April 6, 2009 If someone was married in a religious ceremony (by a member of the clergy) but does not have a formal marriage certificate from a civil court, are they considered married and filing jointly? Quote Link to comment Share on other sites More sharing options...
Daune/CA Posted April 6, 2009 Report Share Posted April 6, 2009 If someone was married in a religious ceremony (by a member of the clergy) but does not have a formal marriage certificate from a civil court, are they considered married and filing jointly? If they are living as though married and have a certificate of marriage from the religious community, I would treat them as MFJ until denied by IRS. I would not ask IRS for ruling, but should for some unknown reason be denied by IRS, I would treat them as they appear to be living. Quote Link to comment Share on other sites More sharing options...
MAMalody Posted April 6, 2009 Report Share Posted April 6, 2009 Marital status is determined for tax purposes by state law, not any religious institution. Unless the wedding is by a judge or justice of the peace, typically a license application is completed they the clergy of the denomination in question and forwarded to the county/state to meet local legal requirements. The only exception I know to this is the federal DOMA which does not recognize marriages between same gendered couples, regardless of state law. That will probably change with the current administrations agenda, however, that is the current law. If they do not meet the local or state definition of being married, don't claim them as such. Once you asked the question in your interview you are responsible for the answer and filing out of the return....and any preparer penalties that could result. JMHO Quote Link to comment Share on other sites More sharing options...
Oh Baby! Posted April 7, 2009 Author Report Share Posted April 7, 2009 But, the "spouse" should be able to appear on the return as a dependent. Quote Link to comment Share on other sites More sharing options...
Sasha Posted April 8, 2009 Report Share Posted April 8, 2009 If someone was married in a religious ceremony (by a member of the clergy) but does not have a formal marriage certificate from a civil court, are they considered married and filing jointly? I used to work for Block in a common law state. Our understanding was that if they present themselves as a married couple and cohabitated for at least one day (the law in this particular state) then yes, they were allowed to file MFJ - and this is the way they taught it in their preparer classes. This has been 4+ years ago; I don't know what, if anything, has changed since then. Quote Link to comment Share on other sites More sharing options...
Gail in Virginia Posted April 8, 2009 Report Share Posted April 8, 2009 But, the "spouse" should be able to appear on the return as a dependent. I don't think so if the spouse had income of his/her own and was required to file. Quote Link to comment Share on other sites More sharing options...
Slippery Pencil Posted April 9, 2009 Report Share Posted April 9, 2009 Depends upon state law. Some states require a govt license, because the govt owns us all and we can only do what it permits us to. It use to be you'd get married by the preacher, it was recorded in your family bible, and a couple witnesses signed it. This was a legally binding marriage contract. Some places where a small amount of freedom still exits allow this. Quote Link to comment Share on other sites More sharing options...
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