Domestic Partnership-how to file

[kutee_25]

In a Registered Domestic Partnership as of July. I would like to know how to file for taxes? Do I have to file jointly or can I still file Single?

[Andrew_W]

Hi @kutee_25,

For Registered Domestic Partnerships (RDPs), both partners file single returns at the federal level (or Head of Household if qualified to do so). If you are in a community property state, Form 8958 is required to allocate community income and tax amounts for each partner, and must be attached to each return. The community property states with RDPs are California, Nevada, and Washington. 

At the state level, it varies by each state and their particular laws. California is the only state of the three that has a state level income tax. RDPs can file joint or separate California returns.

For additional reference from the IRS: 

Answers to Frequently Asked Questions for Registered Domestic Partners and Individuals in Civil Unio... 

IRS Pub. 555 - Community Property 

[Deepp]

Andrew provided great post and links to help you address your question. 

[kutee_25]

I live in California. I use Turbo Tax every year to do my taxes. Will it prompt me and give me the correct form 8958 you are saying I need to file? Do I file this form for Federal and State or is this just for Federal?

How do I know if filing joint vs. seperately is right for my self.? We don't own any thing except vehicles, we rent.

[Paul_W1]

Hi kutee_25,

Thank you for your follow up regarding your CA residency.  To give a little more insight, CA is a RDP state with different filing types.  The ones I have seen most common are Married Filing Joint (MFJ), Married Filing Separate (MFS), and Head of Household (HOH) if there is a qualifying dependent.  We would need to know that information.  At the moment based upon your information, my suggestion would be to run a couple filing status scenarios to see how it works.  Our tax experts in both our Full Service and Assisted queues can then review what you have determined and do a review.  Hope that I have provided a little bit more clarification.  Thank you for your participation in our event.