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10166: CA - Registered Domestic Partners


California

How do I handle filing returns for taxpayers who are California Registered Domestic Partners? 

 

The IRS does not recognize registered domestic partners (RDPs) for purposes of filing a federal Married filing jointly or Married filing separately return. Taxpayers in a RDP must file federal tax returns using the filing status of Single, or if qualified, Head of Household. For CA purposes, taxpayers in a RDP may use Married filing jointly or Married filing separately. 

In Drake Tax:

  • Create a joint federal return and complete all screens as either taxpayer or spouse (as entered on screen 1).
    • Do not choose J in the TSJ box on any screen. For example, if itemizing deductions, complete two A screens, one for each, with only that taxpayer's deductions listed. Similarly, any dependents must be marked as either taxpayer or spouse. 
  • In CA data entry, complete the RDP screen.
  • Split the return, but select to keep all three (the MFJ and each MFS).
  • On each MFS return, change the filing status to either Single or HOH for federal purposes. Be sure to suppress CA e-filing on the split returns.
  • The joint return can be used to prepare the California return with the filing status of RDP. Be sure to suppress Federal e-filing on the joint return.

See CA FTB FAQs on Registered Domestic Partners for more information.


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