Q. It says in order to claim my domestic partner, as a dependent, they have to make less than $4,700, is this yearly?
A. Yes.
Q. Can I file a joint return with my domestic partner?
A. No. You must be legally married to use Married filing Jointly (MFJ) filing status.
You may be able to file as Married Filing Jointly if you live in a state that recognizes common law marriage. Currently, the following jurisdictions recognize common law marriage:
- Alabama (if created before Jan. 1, 2017)
- Colorado
- District of Columbia
- Florida (if created before Jan. 1, 1968)
- Georgia (if created before Jan. 1, 1997)
- Idaho (if created before Jan.1, 1996)
- Indiana (if created before Jan. 1, 1958)
- Iowa
- Kansas
- Montana
- New Hampshire (for inheritance purposes only)
- Ohio (if created before Oct. 10, 1991)
- Oklahoma
- Pennsylvania (if created before Jan. 1, 2005)
- Rhode Island
- South Carolina (if created before July 24, 2019)
- Texas
Living together in a common law state is usually insufficient - you need to hold yourself out as married including owning property together, having joint bank accounts, etc. To find out your state’s rules see:
http://family.findlaw.com/marriage/common-law-marriage-states.html
