Question

We are RDP in CA. We received a joint CA tax refund last year & a 1099-G for it. When completing our fed returns as single, how do we list that 1099-G? One of us? both?

Forum|Forum|2 years ago
March 9, 2024
1 reply
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Do we split the amount? I notice my SS is on the form, does that mean I should claim it as my income. We have disparity between the both of us so I'm wondering if we can choose who claims it.

TurboTax Online

DawnC

Employee

If you and your partner are in a registered domestic partnership (RDP) and you reside in the community property states of California, Nevada, or Washington state, you'll each need to prepare your own federal tax returns based on your state's community property rules (CA).

You'll both report your share of community property income, which is determined by your state's tax laws and other factors like prenuptial agreements. California is a community property state. When filing a separate return, each spouse/RDP reports the following:

One-half of the community income
All of their own separate income

Community property rules apply to the division of income if you use the married/RDP filing separately status.

We can't figure out what your share of community property is. Each couple will need to determine this for themselves. IRS Publication 555 (page 3 in particular) has guidance on how to determine and properly split community income.

If you choose to jointly file your California state return, we recommend switching to the TurboTax Desktop software instead of TurboTax Online.

Community property.

Generally, community property is property:

That you, your spouse (or your registered domestic partner), or both acquire during your marriage (or registered domestic partnership) while you and your spouse (or your registered domestic partner) are domiciled in a community property state;
That you and your spouse (or your registered domestic partner) agreed to convert from separate to community property; and
That can't be identified as separate property.

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C

CMcGAuthor

Thank you for responding, but it doesn't really answer my question regarding entering it in TurboTax. I know we need to file separately for our federal taxes. We received a joint 1099-G for our state refund from 2022 because we filed jointly in CA. It has both of our names on it. When entering 1099s in Turbo Tax deluxe (download, not online-I already know I need to use that,) I'm concerned about splitting the amount & entering an amount different from what is on the form. I know how to make it balance out at the end with the community property balance sheet, but who's account should I post the 1099 on?

M

MonikaK1

You can enter the Form 1099-G on the return for the partner whose SSN appears on the form. That way, any information return matching programs will find that it has been reported.

This older TurboTax tips article on RDP still has some good information.

You actually prepare three Federal returns but file only two of them as Registered Domestic Partners. The creation of a “mock” federal return that reflects joint-filing status is just to get the numbers you need to fill in the sections of your state return that use numbers from a "married filing jointly" federal return. This ”mock” federal return never goes to the IRS; you submit it with your California state return.

Each partner in an RDP includes income from their separate property on their own 1040. Using the Allocation Worksheet from the IRS's community property publication 555, you can establish your shared, or community, income for each category of income such as wages, dividends and interest. Divide the totals in half to give each of you 50 percent.

See here for California FTB information on married or RDP filing separately.

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