Does a civil union count as married for tax purposes?

No. Only legal marriages are recognized for federal tax purposes. Civil unions, domestic partnerships, and registered partnerships do not qualify, even if they provide similar state-level legal rights.

What if my same-sex marriage was performed in another country?

The IRS recognizes same-sex marriages performed in foreign countries, provided the marriage is legal in that country. The marriage must be classified as a 'marriage' — not a civil union or partnership.

Filing Status Guide

Same-Sex Spouse Filing Status: IRS Rules for Married Couples

4:23By ForeignLLCTax

Key Takeaways

Same-sex married couples are treated identically to opposite-sex couples since 2013
Can file Married Filing Jointly or Married Filing Separately
Domestic partnerships and civil unions do NOT qualify as marriage for federal tax
Marriage must be legal in the jurisdiction where performed
All the same credits, deductions, and benefits apply equally

IRS Treatment of Same-Sex Marriages

Since 2013, the IRS has treated all legally married couples identically regardless of gender. Same-sex couples who are legally married in any U.S. state or foreign country that recognizes same-sex marriage have the same filing options as opposite-sex couples: Married Filing Jointly or Married Filing Separately.

What Counts as Legally Married

The key requirement is legal marriage — not domestic partnerships, civil unions, or registered partnerships. If your relationship is recognized as a marriage under the law of the jurisdiction where it was performed, the IRS recognizes it. If it is classified as a domestic partnership or civil union (even if it provides similar legal rights), it does not qualify as marriage for federal tax purposes.

For marriages performed in foreign countries, the country must legalize same-sex marriage for the IRS to recognize it.

filing statusform 1040singlemarried filing jointlyhead of household