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progree

(10,904 posts)
8. On Common Law Marriage, the IRS, and Minnesota
Sun Jun 9, 2019, 09:46 AM
Jun 2019

From the article in the OP
http://www.startribune.com/rep-ilhan-omar-jointly-filed-tax-returns-prior-to-legal-marriage/511000692/

on Thursday when a state campaign finance board revealed that Omar and Hirsi filed joint tax returns in 2014 and 2015 — a period when she was legally married to another man.
...
The Internal Revenue Service allows couples to file joint tax returns only if they are legally married in their states of residence. While some states recognize “common law” marriages, Minnesota does not. Joint filers often end up paying less in income tax than if they filed separately. The agency does not confirm or deny its audits or investigations, so officials would not reveal if they have looked into any past tax filings by Omar, a freshman Democratic House member.


https://info.legalzoom.com/can-two-people-married-common-law-file-taxes-jointly-26486.html
Can Two People Who Are Married at Common Law File Taxes Jointly?

There are two types of marriages in the United States. One type of marriage is the ceremonial marriage. A ceremonial marriage takes place when the parties obtain a marriage license, then celebrate their marriage before an official who has the power to perform marriages. The other kind of marriage is marriage at common law. Only a handful of states allow common law marriages when the spouses agree that they are married, live together, and hold themselves out to be husband and wife.

IRS Recognizes Common Law Marriage
The Internal Revenue Code allows a married couple to file a joint tax return. To determine whether a couple is married, the federal government looks to state law. The Internal Revenue Code allows a couple that claims to be married at common law to file jointly if they are living together in a common law marriage in a state that recognizes common law marriages. The Internal Revenue Code also permits a couple that married at common law in a state allowing common law marriages to file a joint tax return even when they now live in a state that does not recognize common law marriages.


http://jlslaw.net/divorce/is-there-common-law-marriage-in-minnesota/
Minnesota abolished common law marriage in 1941. In Minnesota a couple is legally married or just living together. Minnesota does, however, recognize common law marriages that were legally created outside of this state.

Couples living in this state who are not legally married do not have the same rights and privileges as those who are legally married.


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