Hi. I'm confused whether California RDPs are able to split social security benefits when we file our federal income taxes. Since California treats social security benefits as community income, the IRS publication " Answers to Frequently Asked Questions for Registered Partners and Individuals in Civil Unions" answer to question Q14 says generally social security benefits are also community income for federal income tax purposes if treated the same under state law. At the same time, IRS 25.18.2.2 (2)j. states Social Security Benefits are by law deemed to be separate property.
For the past 3 federal income tax filings, I have not been splitting social security benefits. What is your interpretation of what is allowed for CA RDP social security benefits income splitting for federal tax filings? Our federal income tax liability would be much lower is we were able to split this income between us.
Please help. Thanks!
