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Level 2
posted Feb 1, 2023 3:23:30 PM

EIC under community property - Domestic Partnership rules

RDP in CA - Pub 555 says you cannot use your partners income to calculate EIC

Partner #1 qualifies for EIC based on her W-2 of 11k

once income is divided from partner #2 (40K) partner #1 no longer qualifies. Is this correct or is there another adjustment to be made to get credit back?

0 2 261
2 Replies
Expert Alumni
Feb 1, 2023 6:28:37 PM

Unless you lived apart from your spouse or partner for the last 6 months of the year, you cannot claim the credit if you are filing a separate return.  You also cannot have income greater than $30,000 for 2022. 

Level 2
Feb 2, 2023 12:00:00 PM

Thanks not completely correct for this situation but I did find the answer in the IRS Pub attached. It answers questions for Registered Domestic Partnerships in CA.

 

https://www.irs.gov/newsroom/answers-to-frequently-asked-questions-for-registered-domestic-partners-and-individuals-in-civil-unions