Registered domestic partnership proof

[davek44]

My partner and I have been living together in California for several years. In our previous home in Massachusetts, we registered as domestic partners with the city in order for my partner to receive health insurance through my employer. My new employed in California did not require that step, so we have not filed any paperwork here. However, she does still receive health insurance here through my employer. Are we allowed to file as registered domestic partners and allocate income between our two returns? If not, what proof of our partnership would be required?

[JohnW222]

Since you're in a Registered Domestic Partnership in California, you need to take community property rules into account when preparing your returns.  You'll both need to report your share of community property income, which is determined by the state's tax laws and other factors like prenuptial agreements.

Please see the TurboTax Help articles "How do I prepare my return if I'm in a registered domestic partnership (RDP) or civil union (CU)?" and "Tax Tips for Registered Domestic Partners and Unmarried Same Sex Couples in Community Property State...", and the IRS's "Answers to Frequently Asked Questions for Registered Domestic Partners and Individuals in Civil Unio..." for guidance.

[davek44]

The question is--am I actually in a registered domestic partnership in California? I was in Massachusetts, but I cannot figure what paperwork I need to demonstrate that my partnership is valid in my new home state.

[KathrynG3 · Accepted solution]

Please see this article for Tax Tips for Registered Domestic Partners. Regarding whether the registered domestic partnership is valid nationwide, is a matter I defer to an attorney familiar with family code 297 in California, as I do not practice law.

The state tax codes in Massachusetts and California provide very limited references.

It appears that the Massachusetts domestic partnership would have been registered with the local government at the time of the union.

Additional Resources:

Massachusetts law about unmarried couples

California FTB Publication 737, Tax Information for Registered Domestic Partners, the latest available