what are the benefits/disadvantages to filing taxes as single vs common law?

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Common law as in you live in a state that recognizes common law marriages so you could file Married Filing Jointly if you wanted, but you could also choose to keep filing Single because you aren't 'legally' married? I was actually in this spot a few years back.

The tax brackets for MFJ are exactly double until you reach the top. At that point, you probably can shell out for a professional who'll optimize both.

The bigger issue until you're at that point is that some things are more limited for a Single person, like student loan interest. Most of the time, it's neutral or slightly better to file MFJ, but there are exceptions. Like if one of you has a lot of itemized deductions, but the other doesn't and would take the standard deduction.

If you have some Excel skills, it's worth running a comparison. If you're not that nerdy, but have some time on your hands maybe run a couple different scenarios in some tax software. Like you and your SO each drafting a return for yourselves in FreeTaxUSA as Single, and then drafting a MFJ version in TurboTax, and comparing the results but only actually submitting whatever is best. (I think if you try to do both an MFJ version and a Single version in the same software they'd bug out a bit at seeing the same SSN twice, but I've never tested that.)

The biggest drawback to filing MFJ though is that you're on the hook for your spouse's tax issues. Do they take a lot of sketchy deductions on their Sch. C that are definite red flags? You'd get drawn into any audit. Are they on a payment plan for previous years or do they owe back child support? Your joint tax refund could vanish to pay that even if you're the one that overwithheld.

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Honestly I would talk to an accountant and see what they say. Alot of people can give you different answers but an accountant will have the best answer for you.

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