Q: If I declare in 2019 that we have been married under common law in Texas since November 2018, do we have to amend taxes?
If I declare and register with the county office that we have been married as per Common Law Marriage in Texas since November 2018, Am I required to file an amended tax return for the year 2018 as both of us had filed an individual tax return for the year 2018 or could we leave things as it is? an answer would be appreciated.
A:
Despite my not being licensed in Texas and not having researched this question under Texas law I am still prepared to tell you that changing your status as a taxpayer in 2019 and then trying to amend your 2018 tax return will not work. Why? Because you were not entitled to claim common law marriage until 2019.
Before you start arguing that it should not matter--because you and your common law spouse have been living as husband and wife for many years, please think this argument all the way through to the following silly conclusion:
If people like you could amend their 2018 return based on a change that occurred in year 2019, then there would be nothing to stop them from amending their tax returns for the year 2017, and 2016, and 2015, and 2014, etc.--all the way back to the day you are your common law spouse first hooked up. That dog won't hunt.
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