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Can registered domestic partners or same-sex spouses whose marriage is recognized under state law file federal tax returns using a married filin

September 23, 2011

According to the IRS the answer is No. Registered domestic partners cannot file using a married filing separately or jointly filing status, because they are not spouses as defined by federal law. Likewise, same-sex partners who are married under state law may not file using a married filing separately or jointly filing status because federal law does not treat same-sex partners as spouses.


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