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To add another voice to the choir:
Filing a fraudulent return can result in fines up to $250,000 for an individual or $500,000 for a corporation and up to 3 years in jail along with the cost of prosecution for high dollar tax fraud. For lower dollar tax fraud you can face penalties of as much as $5000.00 or 100% of the unpaid tax.
If a hired tax preparer commits fraud with your tax return, the IRS holds you responsible for additional taxes, interest and penalties -- even if you did not know the tax preparer committed fraud.
Claiming your filing status as Married when you are in fact Single means that you are filing a fraudulent return each year that you do that.
You are betting that the IRS won't catch you. If they do, you'll probably wish they hadn't.
Do you mean that you filed a joint return - one tax return for both of you? You can't do that if you're not married, whether you're both in town or not. If you're not married, you have to each file your own separate tax return. Most likely the filing status will be single for both of you.
If you filed as married filing jointly last year, you will need help from a tax professional to fix it. Normally you cannot amend from married filing jointly to separate returns after the due date of the return (April 15). There is an exception if you filed as married filing jointly when you were not married. What you did is called an "invalid joint election." You can file amended returns to correct it, but the rules for doing so, and the information you have to provide, are very complicated. You need a highly trained, experienced tax professional to handle it for you.
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