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Unmarried couples may not file a joint tax return. You’ll have to check with your state tax department to determine if you can file jointly as a registered couple. For example, in California, registered domestic partners may file joint state returns.
Domestic partners file separate federal tax returns California domestic partners file as individuals for federal filing, however, under California law, the state return must be filed as a married return. This ”mock” federal return never goes to the IRS; you submit it with your California state return.
While you probably can’t file jointly with your girlfriend on your tax return, you may be able to claim her as a dependent. That may be the closest you can come to “unmarried filing jointly” status. Your girlfriend must also possess U.S. citizenship or permanent legal status.
Gay and lesbian couples who are lawfully married can file their tax returns just like any other married couple would. The same two basic options are available to them. Filing a Joint Married Return
The IRS has a general rule recognizing a marriage of same-sex spouses that was validly entered into in a domestic or foreign jurisdiction whose laws authorize the marriage of two individuals of the same sex even if the married couple resides in a domestic or foreign jurisdiction that does not recognize the validity of same-sex marriages. Q2.
Federal laws come into play when filing your state tax returns. Most states base their joint return computations on the figures from your joint federal return. This means that while married couples only have to file two returns – one for federal and one for state—generally, unmarried domestic partners must complete a total of four tax returns.
The same two basic options are available to them. A couple can combine all their income and their deductions on one jointly filed tax return. Using the married filing jointly status is administratively simple. You’ll have just one tax return to prepare rather than two.