Health Care

Health Care

How do health care reform and taxes connect? The Affordable Care Act is single largest change to the tax code in two decades. Find help navigating the complexities of the new health care legislation, Medicare, Medicaid and other medical deductions.

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Pioneer
Posts: 1
Registered: ‎12-12-2016

domestic partners

we are domestic partners (opposit sex). do we have to file separate returns and as single in both?

I carry the health insurance for both effective Nov 1, 2016, each had separate before that.

Tax Pro
Posts: 5,063
Registered: ‎02-23-2016

Re: domestic partners

Hi Harley2017,

 

Welcome to the community.

 

Domestic partners are not considered married under state law in any state, so you each must file as a single taxpayer.

 

If you have health insurance from a provider other than the health insurance marketplace then you will be able to simply check off the box that says that you had health insurance for 2016 and enter your 1095-B or 1095-C information on your individual returns.  Note that Forms 1095-B and 1095-C are not required to file a tax return for 2016 tax returns because the IRS has extended the deadline for employers and private insurance companies to provide them to you from January 31st to March 1st.

 

You are considered married for tax purposes and should file either a joint tax return or a return using the "married filing separately" status if one of the following apply to you on the last day of the tax year:

  • You live together with your spouse in a common law marraige that is recognized by your state or by the state in which the common law marraige began.  (MFJ)
  • You are married and living together.  (MFJ)
  • You are married and living apart but not legally separated or divorced.  (MFS)
  • You are separated but not under a final decree of divorce.  (MFS)

 

I hope this helps you out.

 

Louis,

Senior Tax Advisor (Tampa, FL)

Pioneer
Posts: 1
Registered: ‎04-13-2017

Re: domestic partners

Hi Louis,

 

I'm a little bit confused by your post stating that domestic partners need to file as a single taxpayer regardless of state. California government website states "domestic partners who are registered with the California Secretary of State are required to file using the married filing joint or married filing separate filing status" .

 

In addition, it seems that there is not an option to indicate domestic partnership status on H&R Block on-line program. I'm concerned that this could cause people in domestic partnerships to inadvertently violate California tax regulations and file as "single" and pay the incorrect amount of tax (too much or too little).

 

Unless I'm mistaken in the points above, I would hope that these issues would be addressed quickly both for the benefit of H&R Block customers and for H&R Block.  My concern is that incorrect statements on the forum and lack of ability to indicate domestic partnership status on the on-line program could both mislead customers and expose the company to allegations of discrimination and a class-action lawsuit.

 

Kind regards,

Concerned Customer