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Returning Member
posted Sep 30, 2021 11:08:02 AM

Domestic Partner

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

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2 Replies
Level 15
Sep 30, 2021 11:12:59 AM

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

Expert Alumni
Sep 30, 2021 11:15:51 AM

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