If you and your partner are in a registered domestic partnership (RDP) and you reside in the community property states of California, Nevada, or Washington state, you'll each need to prepare your own federal tax returns based on your state's community property rules (CA).
You'll both report your share of community property income, which is determined by your state's tax laws and other factors like prenuptial agreements. California is a community property state. When filing a separate return, each spouse/RDP reports the following:
- One-half of the community income
- All of their own separate income
Community property rules apply to the division of income if you use the married/RDP filing separately status.
We can't figure out what your share of community property is. Each couple will need to determine this for themselves. IRS Publication 555 (page 3 in particular) has guidance on how to determine and properly split community income.
If you choose to jointly file your California state return, we recommend switching to the TurboTax Desktop software instead of TurboTax Online.
Community property.
Generally, community property is property:
- That you, your spouse (or your registered domestic partner), or both acquire during your marriage (or registered domestic partnership) while you and your spouse (or your registered domestic partner) are domiciled in a community property state;
- That you and your spouse (or your registered domestic partner) agreed to convert from separate to community property; and
- That can't be identified as separate property.
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