The answer to this question determines if you need to include their tax information on your tax return. In the eyes of the tax system, a spouse or de facto is not just reserved for someone who is legally married. For a person (of either sex) to be considered your spouse or de facto, there are two questions you need to answer “yes” to:

Which is the best Tax Guide for couples?

Read our couples tax guide to find out what being in a relationship means for your tax return. Who the ATO defines as a couple for tax purposes is a common cause of confusion. Once you’re familiar with the definitions, you can determine what, if any, extra pieces of information you need on your tax return this year.

What are the tax rules for a husband and wife business?

The spouses must share the items of income, gain, loss, deduction, and credit in accordance with each spouse’s interest in the business. Joint ownership of property that is not a trade or business does not qualify for the election.

Do you have a spouse or de facto partner on your tax return?

Who the ATO defines as a couple for tax purposes is a common cause of confusion. Once you’re familiar with the definitions, you can determine what, if any, extra pieces of information you need on your tax return this year. Do you have a spouse or de-facto partner (in the ATO’s eyes)?

Can a surviving spouse get a tax refund?

The form does have a box to check if the filer is a surviving spouse, and filing the form could help to prevent delays in processing the refund. Also, if a surviving spouse has received a refund check made out jointly to the surviving spouse and the deceased spouse, the survivor can return the check along with Form 1310.

What happens if my spouse is missing on my tax return?

This is a big no-no and the ATO has very sophisticated data matching techniques to work out when a spouse is missing on a tax return. If you don’t fill out your spouse details, the ATO could amend your tax return and even issue financial penalties for incorrect lodgements.

How long will it take the IRS to review my refund?

When the IRS processes your tax return and approves your refund, you can see your actual personalized refund date. Even though the IRS issues most refunds in less than 21 days after we receive your tax return, it’s possible your tax return may require additional review and take longer.