what are the legal issues pertaining domestic partnership in california when tax season comes?
October 18, 2008
R r asked:
with tax season approaching in california what are some of the tax laws that will pertain to domestic partnership?
with tax season approaching in california what are some of the tax laws that will pertain to domestic partnership?
3 Responses to “what are the legal issues pertaining domestic partnership in california when tax season comes?”
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October 19th, 2008 at 1:47 am
Plenty.
From the federal point of view, the couple consists of two single people. A married filing joint returns would be illegal. From the state point of view it’s a couple, married joint or married separate *are* the legal choices. To file a MFS return at the state level will require a phantom (meaning it’s not filed) federal MFJ return to be prepared.
From the federal point of view, if their are children, one parent may qualify for head of household. From the state’s point of view, head of household won’t be allowed if the couple lived together.
October 19th, 2008 at 3:47 am
Just file legally single, so you won’t have any problems getting your return back in a timely manner.
October 21st, 2008 at 10:44 pm
Lets clarify that this answer concerns REGISTERED domestic partnerships only, not any old same *** couple living together. Same *** marriages that occured before the passage of Prop 8 are in limbo but are not registered domestic partnerships in any cse.
Registered domestic partners must file their State Income Tax Return, Form 540 as married filing jointly or married filing separately. They may not file as head of household or single.
The federal returns filing status is not affected by state RDP status.