Is it considered fraud if my boyfriend and I filed taxes as a married couple? 6 Answers as of December 07, 2011

Yes, it could be considered fraud. Note: if you have held yourselves out as married in any common law state you might actually be married and filing correctly. There's a case in which an unmarried couple who checked into a hotel (I believe it was in Pennsylvania) for one night as husband and wife were held to have a common law marriage.

It is definitely illegal to do so. For federal tax purposes, a marriage means only a legal union between a man and a woman as husband and wife. You can choose married filing jointly as your filing status only if you are married. Having said that, actual fraud has many elements and it is difficult to prove. I don't know if this would amount to fraud with the limited number of facts you have provided. For more information about filing status, see IRS Publication 501 " Exemptions, Standard Deduction, and Filing Information" For more information about tax fraud, see the Tax Crimes Handbook .

You are clearly violating the tax rules, so it would appear that this may be a fraudulent action.

Ohio does not recognize "common-law" marriages.

Yes, it is fraud if you attempt to claim a married tax status when you are not legally married. What you consider yourselves is irrelevant.

Claiming a tax filing status to which you are not entitled is tax fraud. I assume you would like to file jointly because there is a tax advantage to doing so. Why not solve the problem by marrying before year end? You already have many of the obligations that come with marriage and none of the advantages. If it is a property thing, a pre-nuptial agreement can address the issue. Get a blood test, a license and see a judge or other public official authorized to perform marriages. Generally there is a three day waiting period between getting a license and having the ceremony.