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Level 2
September 30, 2021
Question

Domestic Partner

  • September 30, 2021
  • 2 replies
  • 41 views

Can I file jointly with a domestic partner (not married)?

    2 replies

    Level 15
    September 30, 2021

    No.   You need to be legally married to file a joint return unless you are in a state that recognizes common law marriage.

     

    STATES THAT RECOGNIZE COMMON LAW MARRIAGE

    CO, DC, CO,IA,KS,MT,OK.RI,SC.TX, UT

    **Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
    John-H2021
    Level 6
    September 30, 2021

    Hello,

    According to IRS regulations a Registered domestic partners may not file a federal return using a married filing separately or jointly filing status. Registered domestic partners are not married under state law. Therefore, these taxpayers are not married for federal tax purposes.

     

    Here is a link to an IRS article on frequently asked questions for registered domestic partners.

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

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