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robert-colmenero
New Member

Can my GF and I file as married filling jointly since we live together and have a child? We live with my parents.

 
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Accepted Solutions
Leonard
Intuit Alumni

Can my GF and I file as married filling jointly since we live together and have a child? We live with my parents.

No, you can not file as married filing jointly. 

In order to file married filing jointly, you have to be married.

You’re considered married if, on the last day of the year, both of these apply:

  • You’re legally married.
  • You’re not legally separated under a divorce or separate maintenance decree.

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4 Replies
Leonard
Intuit Alumni

Can my GF and I file as married filling jointly since we live together and have a child? We live with my parents.

No, you can not file as married filing jointly. 

In order to file married filing jointly, you have to be married.

You’re considered married if, on the last day of the year, both of these apply:

  • You’re legally married.
  • You’re not legally separated under a divorce or separate maintenance decree.
robert-colmenero
New Member

Can my GF and I file as married filling jointly since we live together and have a child? We live with my parents.

So what should I file? Head of household or single?
Leonard
Intuit Alumni

Can my GF and I file as married filling jointly since we live together and have a child? We live with my parents.

File as single unless you meet the requirements for filing as head of household.

To file as head of household, you must:

Pay for more than half of the household expenses. Be considered unmarried for the tax year, and you must have a qualifying child or dependent.

A Qualifying Child is a child who meets the six IRS requirements to be a dependent for tax purposes.

* Relationship  must be the taxpayer’s child or stepchild (by blood or adoption), foster child, sibling or step-sibling, or a descendant of any of these.

* Age  on Dec 31st, must be under the age of 19, or the age of 24 if a full-time student, or regardless of age, be permanently and totally disabled.

* Residence  the child must have lived with the taxpayer for more than 6 months of the tax year. Exceptions are made the children of separated or divorced parents.  If a child was born or died during the year, they are considered to have lived with you the entire year.

* Support  refers to the child’s income, which must not have provided more than half of the child’s support for the tax year

* Joint Return  the child cannot file a joint return unless the return is filed only to claim a refund of withholdings

* Citizenship  the child must be a US citizen, US resident alien, and the child must have an SSN by the date the return is filed.

 

[Edited 03/10/2020 | 1:37 pm PDT]

SweetieJean
Level 15

Can my GF and I file as married filling jointly since we live together and have a child? We live with my parents.

You may not qualify for HOH, since you live with your parents.  Who pays for rent, utilities, food, etc?
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