CA Registered Domestic Partner Return

[clacourte1]

I have a client who became registered domestic partners with her boyfriend in 2022 in California. I know she needs to file as single for federal purposes and jointly for CA purposes. Can anyone tell me the steps to take in ProConnect to do this? Do I need to create two different returns--one for her federal single filing and one for her CA MFJ/RDP filing? And my understanding is that I need to prepare an 8958 for community property allocation, but then is that filed with the federal return? This is my first time preparing an RDP so I'm not sure how to go about it. Any advice would be appreciated. Thanks!

[George4Tacks]

Prepare a joint return as a start, then split this for the two federal returns. 

https://proconnect.intuit.com/support/en-us/help-article/tax-filing-status/generate-married-filing-j...

[clacourte1]

Ok, great--that's helpful. Thank you!

[clacourte1]

So after speaking more with my client, she's decided that she wants to file her CA return as RDP filing separately. Her partner will be preparing his own return. So any guidance on the procedure for this scenario?

Thank you!!

[George4Tacks · Accepted solution]

I guess you are back in the same arena as you would be when you file MFS in a community property state. If everyone plays nice and share information, then you can get a good clean return. If they don't play nice - WING IT!

[clacourte1]

Ok, got it.

Thank you!!

[clacourte1]

Hi,

I'm realizing that I'm still a little confused on this--since I have to file the federal return as single, does that mean I need to prepare that return separately from the "RDP Separate" return? Or can I do that in the splitting process that you described before? Sorry, I don't know why I'm having a hard time wrapping my head around this : /

Thanks!

[George4Tacks]

I often use a flippant answer of "When in doubt, read the instructions." I should have used my own advise.

https://www.ftb.ca.gov/forms/2022/2022-540-booklet.html

Filing Status

Use the same filing status for California that you used for your federal income tax return, unless you are an RDP. If you are an RDP and file single for federal, you must file married/RDP filing jointly or married/RDP filing separately for California. If you are an RDP and file head of household for federal purposes, you may file head of household for California purposes only if you meet the requirements to be considered unmarried or considered not in a domestic partnership.

Exception: If you file a joint tax return for federal purposes, you may file separately for California if either spouse was either of the following:

• An active member of the United States armed forces or any auxiliary military branch during 2022.
• A nonresident for the entire year and had no income from California sources during 2022.

  Community Property States: If the spouse earning the California source income is domiciled in a community property state, community income will be split equally between the spouses. Both spouses will have California source income and they will not qualify for the nonresident spouse exception.

If you had no federal filing requirement, use the same filing status for California that you would have used to file a federal income tax return.

If you filed a joint tax return and either you or your spouse/RDP was a nonresident for 2022, file Form 540NR, California Nonresident or Part-Year Resident Income Tax Return.

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Now, how to do this! I found a check box in Misc. Info./Direct Deposit > look on top for CA > California Miscellaneous > 1st check box

BUT I don't see any direction as to how to do this. 

I THINK  you need two files, i.e. copy the first and do this and change filing status in the Client Information box. You then will e-file the federal only in one file and efile the state in the other.

I strongly suggest you chat or phone support to get confirmation. https://proconnect.intuit.com/support/en-us/help-article/intuit-account-settings/contact-proconnect-...

I would appreciate hearing what they have to say.

[clacourte1]

Awesome, thank you so much for your time on this--I really appreciate it.That makes sense. I'll work through your suggestion and confirm with Proconnect and let you know what I find out!