Earned Income Credit-Earnings from a Domestic Partner?

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  • zeros
    Senior Member
    • Dec 2006
    • 921

    #1

    Earned Income Credit-Earnings from a Domestic Partner?

    Would the earnings from a domestic partner be considered as income for the Earned Income Credit?
  • Gary2
    Senior Member
    • Aug 2010
    • 2066

    #2
    If by "earnings" means payments from the domestic partner to the taxpayer in the form of bona-fide compensation for services (W-2, Schedule H, 1099-MISC box 7), then yes. As far as the IRS is concerned, the relationship doesn't exist.

    But if you mean by the domestic partner treated as taxpayer's income under community property law, I believe the answer is no, but perhaps one of our community property state members will chime in. However, such community income would count for the AGI test of the EITC.

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