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In 2020 for New York State, can same sex domestic partners still file married on state return?

In New York State, before the federal passed the marriage equality act, same-sex couples that were domestic partners, could file on their NYS taxes as married.  For 2020, can same-sex domestic partners still file married on their New York State returns?

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SusanY1
Expert Alumni

In 2020 for New York State, can same sex domestic partners still file married on state return?

For 2020, New York registered domestic partners will file separate state tax returns.

 

Although the law extends other benefits to domestic partners (both same-sex and opposite-sex) in New York such as health benefits, family leave, and other rights this does not currently extend to tax filing status. 

 

 

 

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3 Replies
SusanY1
Expert Alumni

In 2020 for New York State, can same sex domestic partners still file married on state return?

For 2020, New York registered domestic partners will file separate state tax returns.

 

Although the law extends other benefits to domestic partners (both same-sex and opposite-sex) in New York such as health benefits, family leave, and other rights this does not currently extend to tax filing status. 

 

 

 

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

In 2020 for New York State, can same sex domestic partners still file married on state return?

So to clarify, NYS domestic partnerships cannot file "married" on state taxes, as they once did and which California can still do?

 

Thanks Susan

SusanY1
Expert Alumni

In 2020 for New York State, can same sex domestic partners still file married on state return?

That is correct.  Registered domestic partners in New York cannot file as married.

 

California requires registered domestic partners to file as married under its state law, but this is unique to California. 

 

California (as well as Nevada and Washington state) have some particularly unique rules for registered domestic partners due to the interaction of the laws with the community property statutes, which New York state does not have. 

 

 

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