Showing posts with label domestic partner. Show all posts
Showing posts with label domestic partner. Show all posts

Monday, October 17, 2011

Are community property laws taken into account in determining adjusted gross income (or modified adjusted gross income) for purposes of the dependent


According to a recent IRS publication:Yes. Community property laws must be taken into account in determining the adjusted gross income (or modified adjusted gross income) amounts in section 21(a) (dependent care credit), section 24(b) (child tax credit), section 32(a) (earned income credit), and section 36A(b) (making work pay credit).

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Saturday, October 08, 2011

Are registered domestic partners who reported income without regard to community property laws required to amend their pre-2010 returns to each report


According to a recent IRS publication:Registered domestic partners who reported community income without regard to community property laws for a taxable year beginning before 2010 are generally not required to amend those returns to report half of the community income. The following rules apply for taxable years prior to 2010:

Registered domestic partners in California received full community property rights in 2007. Thus, in California, registered domestic partners may, but are not required to, amend their returns for taxable years beginning in 2007, 2008, and 2009 to report half of the community income of the partners.

In Nevada, the state’s community property laws apply to registered domestic partners as of October 1, 2009. Thus, registered domestic partners may, but are not required to, amend their returns for a taxable year beginning in 2009 to report half of the community income of the partners for the period beginning October 1, 2009 and ending on the last day of the partner’s 2009 taxable year.

In Washington, the state’s community property laws apply to registered domestic partners as of June 12, 2008. Thus, registered domestic partners may, but are not required to, amend their returns for a taxable year beginning in 2009 to report half of the community income of the partners. For 2008, the partners may, but are not required to, amend their returns to report half of the community income of the partners for the period beginning June 12, 2008 and ending on the last day of the partner’s 2008 taxable year.

In all cases, if one of the partners amends his or her return to report half of the community income, the other partner must report the other half.

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If a registered domestic partner adopts the child of his or her partner as a second parent or co-parent, may the adopting parent claim the adoption cr


According to a recent IRS publication:The adopting parent may claim an adoption credit to the extent provided under § 36C. Section 36C(d)(1)(C) does not allow taxpayers to claim an adoption credit for expenses incurred in adopting the child of the taxpayer’s spouse. However, the limitation in section 36C(d)(1)(C) does not apply to adoptions by registered domestic partners because registered domestic partners are not spouses as defined by federal law.

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If two registered domestic partners adopt a child together, can one or both of the partners qualify for the adoption credit?


According to a recent IRS publication:Each registered domestic partner may qualify to claim the adoption credit on the amount of the qualified adoption expenses paid or incurred for the adoption. The partners may not both claim credit for the same qualified adoption expenses, and neither partner may claim more than the amount of expenses that he or she paid or incurred. The adoption credit is limited to $13,170 per child in 2010. Thus, if two registered domestic partners each paid qualified adoption expenses to adopt the same child, and the total of those expenses exceeds $13,170, the maximum credit available for the adoption is $13,170. The partners may allocate this maximum between them in any way they agree, but the amount allocated to a partner may not be more than the amount of expenses he or she paid or incurred. The same rules generally apply in the case of a special needs adoption. The total credit for such an adoption is limited to $13,170, but the amount that each partner may claim is not limited by the amount of expenses paid or incurred.

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Thursday, October 06, 2011

Are community property laws taken into account in determining earned income for purposes of the dependent care credit, the refundable portion of the c


According to a recent IRS publication:No. The federal tax laws governing these credits specifically provide that earned income is computed without regard to community property laws in determining the earned income amounts described in section 21(d) (dependent care credit), section 24(d) (the refundable portion of the child tax credit), section 32(a) (earned income credit), and section 36A(d) (making work pay credit).

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Are registered domestic partners each entitled to take credit for half of the total estimated tax payments paid by the partners?


According to a recent IRS publication: No. Unlike withholding credits, which are allowed to the person who is taxed on the income from which the tax is withheld, a registered domestic partner can take credit only for the estimated tax payments that he or she made.

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Tuesday, October 04, 2011

How should registered domestic partners report Schedule C income that is community property?


According to a recent IRS publication: Half of the income, deductions, and net earnings of a business operated by a registered domestic partner must be reported by each registered domestic partner on a Schedule C (or Schedule C-EZ). In addition, each registered domestic partner owes self-employment tax on half of the net earnings of the business. Although the employment tax rules prohibit spouses from treating net earnings as community income (section 1402(a)(5)), registered domestic partners are not spouses as defined by federal law and this provision does not apply to them.

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Monday, October 03, 2011

Is a registered domestic partner the stepparent of his or her partner’s child?

According to an IRS publication: If a registered domestic partner is the stepparent of his or her partner’s child under the laws of the state in which the partners reside, then the registered domestic partner is the stepparent of the child for federal income tax purposes.

Sunday, October 02, 2011

If a child is a qualifying child under section 152(c) of both parents who are registered domestic partners, which parent may claim the child as a depe

According to an IRS: If a child is a qualifying child under section 152(c) of both parents who are registered domestic partners, either parent, but not both, may claim a dependency deduction for the qualifying child. If both parents claim a dependency deduction for the child on their income tax returns, the IRS will treat the child as the qualifying child of the parent with whom the child resides for the longer period of time. If the child resides with each parent for the same amount of time during the taxable year, the IRS will treat the child as the qualifying child of the parent with the higher adjusted gross income.

Saturday, October 01, 2011

Can a registered domestic partner qualify to file his or her tax return using head-of-household filing status?


According to recent IRS publication: Generally, to qualify as a head-of-household, a taxpayer must provide more than half the cost of maintaining his or her household during the taxable year, and that household must be the principal place of abode of the taxpayer’s dependent for more than half of the taxable year. If registered domestic partners pay all of the costs of maintaining the household from community funds, each partner is considered to have incurred half the cost and neither can qualify as head of household. However, if one of the partners pays more than half by contributing separate funds, that partner may qualify as head-of-household.

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Wednesday, September 28, 2011

Domestic Partners Taxes

How do registered domestic partners determine their gross income for 2010?

Registered domestic partners must each report half the combined community income earned by the partners. In addition to half of the community income, a partner who has income that is not community income must report that separate income.

For more information see IRS http://www.irs.gov/newsroom/article/0,,id=245869,00.html

Tuesday, September 27, 2011

Can a registered domestic partner itemize deductions if his or her partner claims a standard deduction?


According to a recent IRS publication:Can Yes. A registered domestic partner may itemize or claim the standard deduction regardless of whether his or her partner itemizes or claims the standard deduction. Although the law prohibits one spouse from itemizing deductions if the other spouse claims the standard deduction (section 63(c)(6)(A)), registered domestic partners are not spouses as defined by federal law and this provision does not apply to them.

Los Angeles Divorce Attorney

Los Angeles Family Law Attorney

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California Prenuptial, Prenups