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If I'm recently married can I still choose to file as SINGLE status in my income tax return?

Duluth, GA |

I recently just got married in October 2008. Is it legal to put my status still as single when I file my income tax return in April 2009?

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Attorney answers 2


No, if you are married as of the last day of the year you only have two choices:

Married or

Married filing separate.

You do not qualify for single status.

Hope this helps.

Mr. Fromm is licensed to practice law in PA. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.


Your tax status is determined on the last day of the calendar year. In this case you are married. Your filing choices are Married filing jointly, or Married filing separately.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.