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Re: IRS Filing status - civil union? domestic partner? Other?
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Home away from home
 
Joined:
2005/7/13 15:03 Last Login : 2023/6/11 23:48 From Western Slope
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Years ago in some states the law prevented those of one race to marry a race of another. Is this the same as the civil rights issue or should I say is this a civil rights issue ?
Posted on: 2012/2/15 15:27
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Get on your bikes and ride !
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Re: IRS Filing status - civil union? domestic partner? Other?
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Home away from home
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Of course it's discriminatory but, since civil unions offer fewer legal rights, benefits, and protections than marriages, it's same-sex couples who are being discriminated against. Our state senate has made a good step forward but Christie seems determined to keep NJ on the wrong side of history.
Posted on: 2012/2/15 14:54
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Re: IRS Filing status - civil union? domestic partner? Other?
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Home away from home
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I didn't say you did make the law? Not sure how anyone's opinion could be that it's not discriminatory, though.
Posted on: 2012/2/15 2:51
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Re: IRS Filing status - civil union? domestic partner? Other?
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Newbie
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I didn't make the law, nor am I going to offer my opinion or interpretation of it here. It is what it is. www.cajtaxsolutions.com
Posted on: 2012/2/15 2:16
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Re: IRS Filing status - civil union? domestic partner? Other?
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Home away from home
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That's discriminatory against opposite sex couples who want to form a civil union in NJ.
Posted on: 2012/2/15 0:32
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Re: IRS Filing status - civil union? domestic partner? Other?
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Newbie
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My mistake... civil unions are for gay couples only in New Jersey. There's no such thing as a civil union in New Jersey for opposite sex couples. http://www.state.nj.us/health/vital/civilunion_apply.shtml So, if you are an opposite sex couple and not legally married, you still have to file as single at the state level as well. www.cajtaxsolutions.com
Posted on: 2012/2/14 19:59
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Re: IRS Filing status - civil union? domestic partner? Other?
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Home away from home
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@neverleft - I didn't mean to jump on you. I agree that it's an interesting article (and that the different treatment at the federal and state level for the purpose of taxes is another reason why civil unions are not as good as marriage for same-sex couples).
I just worry that the original poster is being told to file as "Married" when s/he's not and didn't want that issue to get lost. I still don't understand @cajtax's advice. I though the only people who could file as Married/CU Couple in the state of NJ are people who are legally married or legally part of a civil union (civilly united?). Is it really legal to file as married in NJ when you aren't legally married?
Posted on: 2012/2/14 19:19
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Re: IRS Filing status - civil union? domestic partner? Other?
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Home away from home
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oops sorry...it is an interesting piece anyway.
Posted on: 2012/2/14 18:41
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Re: IRS Filing status - civil union? domestic partner? Other?
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Newbie
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Yes, you are correct. I almost answered this as if you were part of a same-sex couple but then I caught it. You file as single on your federal return and as a "Married/CU Couple, filing joint" on your New Jersey return and compute your taxable income the two different ways. Don't quote me on this because everyone's situation is different but it seems there isn't much of huge advantage to filing as a civil union couple on a New Jersey return, (versus filing single) unless perhaps one of you is paying a very high rent or mortgage. All it does is add your two incomes together and give your two $1000 exemptions. If one of you had a business loss or capital losses on stock transactions, you can't deduct those on your New Jersey return anyway (whereas, on a federal return, they can be deducted against other income up to a certain amount but that won't matter because you can't file jointly on your federal return). PM me if you have more questions. www.cajtaxsolutions.com
Posted on: 2012/2/14 18:34
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Re: IRS Filing status - civil union? domestic partner? Other?
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Home away from home
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Except that the OP is NOT in a same-sex relationship. The question was about a man and a woman who are not legally married. That's why I asked for clarification. I think @cajtax mistakenly assumed this was a same-sex couple with a legal civil union and therefore gave inaccurate advice. The couple is NOT legally married in NJ nor do they have a legal civil union (b/c those are only for same-sex couples in NJ), so I don't think they can file as "Married/CU" on their state taxes.
Posted on: 2012/2/14 18:29
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Re: IRS Filing status - civil union? domestic partner? Other?
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Home away from home
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Thanks for all the comments so far!
Just to clarify, this is not a same sex couple, so civil union is out! Sounds like: - the jobless partner definitely can NOT file as a dependent on the other partner's return; - could potentially file as "married", but seems to be very complex (since federal doesn't accept that status) What a pain!!!
Posted on: 2012/2/14 18:23
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Re: IRS Filing status - civil union? domestic partner? Other?
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Home away from home
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This is in today?s USAToday (2/14/12) maybe it will help??
State and federal tax laws conflict for same-sex couples http://www.usatoday.com/money/perfi/t ... -couples-taxes/53084112/1
Posted on: 2012/2/14 17:05
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Re: IRS Filing status - civil union? domestic partner? Other?
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Home away from home
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Even though they aren't legally married in NJ? (This is not a same-sex couple, so they also don't have a legal civil union in NJ.)
Posted on: 2012/2/14 16:51
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Re: IRS Filing status - civil union? domestic partner? Other?
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Newbie
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Your second question is the easier one, so I'll answer that first. Federal tax law does NOT recognize civil unions at all. In the eyes of the IRS, you are both single, or head of household if either of you are a parent or guardian of a minor. For New Jersey tax law, you can be treated as married, and you choose to file as either "Married/CU Couple, filing joint" or "Married/CU Couple, filing separate" on the form. A jobless partner cannot be claimed as a dependent on another partner's tax return - they general have to be someone related to you to be your dependent (your child, nephew or niece, or elderly disabled parent etc.). Send a private message to me if you have any other questions. www.cajtaxsolutions.com
Posted on: 2012/2/14 2:21
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Re: IRS Filing status - civil union? domestic partner? Other?
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Home away from home
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NJ does not recognize common law marriages if formed in NJ. If the marriage was legally formed in another state (or country), then NJ will recognize it. Basically, no matter how long you live with your partner in NJ, you will never become married under common law. You also can't have a civil union unless you're a same-sex couple. For opposite sex couples, the only option in NJ is marriage (which would also be federally recognized).
But, as @Scottacus said, marital status isn't the only consideration in filing your taxes, so you should get some advice about the best option for filing in your specific situation.
Posted on: 2012/2/13 21:07
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Re: IRS Filing status - civil union? domestic partner? Other?
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Home away from home
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I hate to say this, but this is one of those complex situations where you probably would need to talk to a tax specialist.
If two people have entered into a civil union in NJ, then they can file taxes jointly in NJ as civil union partners. For tax purposes a civil union is the same as marriage, so yes you can claim a civil union partner as a dependent just as a spouse. You have to actually have had a civil union though. For federal tax purposes, civil unions (and same-sex marriages in other states) are not recognized at all so you would have to file as single. However, in some circumstances you can claim a "non-related" person as a dependent, so it gets complicated.
Posted on: 2012/2/13 20:38
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IRS Filing status - civil union? domestic partner? Other?
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Home away from home
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Does NJ recognize "common law marriage" or "civil union" for Opposite sex partners? I'm understand the impression that it doesn't (at least for opposite sex) - is that correct?
Does that mean a jobless partner cannot be claimed as dependent on the partner's tax return? And need to file as "single"? What about federal tax filing? TIA.
Posted on: 2012/2/13 20:12
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