my ex fiance filed us as "married" on his tax return when we weren't?

i live in new york and when my ex filed his taxes for 2009, he put us down as married and we weren't. i was under the impression that he was filing me as a dependent and him as head of household. how do i go about clearing this up with the IRS? will he have to pay back the money he got back, being we weren't married?


i did not file taxes that year, as i did not work

Update 2:

we did live together that whole year and years prior and he did support me. we had a child july 2009 so i was the stay at home mom and he worked.

6 Answers

  • Anonymous
    8 years ago

    So on 12/31/2009 you were single.

    If so, he clearly couldn't claim you as married because you weren't.

    He also couldn't file MFS and claim your exemption.

    He couldn't claim your exemption as a dependent unless you lived with him all year, he paid for more than half of your support, you made less than $3650 and it was legal to live with him in your area. Even if he met all these tests, he still wouldn't be HOH unless there were other close relatives (like a bio-child) living with him.

    If he filed MFJ when he should have filed as single, he got to list $9350 less in taxable income and use much better tax rates, so yeah, if he made more than $9350, he owes money back. Then he'll add in penalties for failure to pay, accuracy/fraud (20-75%) and interest. If the two of you had children and he claimed they lived with him when they didn't, this gets even nastier.

    So, to recap, what was your income in 2009? If it was more han $9350, you had a filing requirement of your own and simply filing as single when he filed you as MFJ would have been enough to get the IRS to ask questions. If your income was less than $9350 (say $0) and you didn't file at all the IRS has a harder time picking up on it, but often does. If he filed electronically, he didn't even have to have your signature. He would have to have your SSN, DOB and prior year's tax data.

    How do you know that he filed MFJ for 2009? Did he tell you? Did you get mail from the IRS or the state of New York?

    If you are being billed for back taxes by the IRS, file the form 8857 with a cover letter stating this was an invalid joint election. While you aren't technically an Innocent Spouse (because you weren't a spouse!), they know how to handle it. If you are not being billed, write a letter to the service center explaining the situation.

    Edit, if you lived together all year, he could legally claim HOH and both of you as dependent. HOH is better than single for tax purposes, but not as good as married, so yes, he would owe money back.

  • 8 years ago

    Amended return for year 2009 to clear the records.

  • 8 years ago

    First of all, it is unlikely you qualify as his dependent. You need to file your own tax return as soon as possible. Use an online program or visit a tax professional as you may be subject to penalties and interest. He will have to amend his return using Form 1040X and if he did get a refund, it may be adjusted.

    Source(s): Tax Attorney
  • ?
    Lv 4
    8 years ago

    That's fraud. Report him to the IRS. Contact an agent. He'll be liable for the unpaid taxes, and you can settle with the IRS for the mistake.

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  • Anonymous
    8 years ago

    Go talk to a tax professional now. He made you involved in fraud and you can not count on the IRS missing this and it can and probably will bite you. talk to a tax professional and that their advice don't go strait to the IRS they may just eat you alive.

  • Judy
    Lv 7
    8 years ago

    You could be in trouble too for this fraudulent filing, so would be a good idea to report it to the IRS

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