California RDP partner has no income

[Igg0715]

California RDP. Filing married jointly or head of household if only one partner has income.

I have an RDP in California. Can I file head of household if my domestic partner does not work? If so, do I have to create and file a mock federal return if I file head of household for my federal taxes as well?

If so, can I use the online turbo tax to e-file or will I have to submit 3 tax returns and be required to download the turbo tax software?

[KeshaH]

For your federal tax return, you can file Head of Household if you paid more than half the cost of maintaining a home for a qualifying person. A qualifying person for Head of Household status has to be related to you. For that reason, your partner wouldn't be a qualifying person for Head of Household. You would need to file Single for federal tax purposes.

For the state return, when you're in a registered domestic partnership, you must file using the same filing status as married couples. You can only file as Head of Household if you and your partner lived apart for the last six months of the year and you paid more than half the cost of maintaining a home for you and your child. 

If you don't meet the qualification of Head of Household, you'd file either Married Filing Jointly or Married Filing Separately. It's important to note that since California is a community property state, your partner may be considered to have earned half of your income. If you file Married Filing Separately, you and your spouse would need to split your community income and you would both file tax returns.

Based on the above information, your filing status would be:

- Federal: Single

- California: MFJ/MFS

[Igg0715]

Since my partner does not work, I can file married file jointly. If I do this, would I then have to file three separate times?

Would I have to file a federal tax return as head of household( what I usually file), a state tax return with married filing jointly, and a mock federal tax return in order to file my state taxes?

Will I be able to do this all online or would I have to mail my state or federal taxes personally?

[Vanessa A]

Yes, you will have to fill out 3 returns, but you will only send in 2 returns.  You will fill out and send in your federal return as single, unless you have other dependents besides your RDP.  If you do not have children that are dependents or other qualifying relatives that you claim as dependents, you cannot file as Head of Household.  You WILL be able to file this one online.

Then for your state return, you will need to create a federal mock return that you do not submit.  You will need to then select the filing status of MFS or MFJ and then fill out your CA return. You will need to print and mail the CA return. You will not be able to e-file this return as you have to have transmitted a federal return in the same program to transmit the state return. 

[Igg0715]

I also wanted some clarification on whether my domestic partner would qualify as a dependent on my taxes for both federal/state and how I should file.

So would I be able to file head of household for my federal taxes with three dependents?

I have two kids ages 4 and 7. 

Would I be able to add my Registered Domestic Partner as my 3rd dependent for my federal taxes since she meets the requirements of a qualifying relative. Or would I not be able to?

So for my state taxes would I file Married Filing Jointly even if my Registered Domestic Partner does not work and makes no income?

Would I then be able to add my two dependents. My kids ages 4 and 7?

Would I be able to add my RDP as dependent for my state taxes or would I not add her because we would already be filing jointly. How would I file my state taxes? Number of dependents?

[KeshaH]

Yes, your partner can be a dependent on your federal return as long as they meet all of the tests to be a qualifying relative.  You'd file Head of Household with three dependents.

Your partner cannot be your dependent on your California return since you'll be filing jointly. You'd be Married Filing Jointly with two dependents.