Certification of Dependent Status

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Employers are responsible for withholding federal employment taxes from the compensation they pay to their employees. Whenever an employee’s domestic partner receives domestic partner benefits under an employer-sponsored health arrangement, the employer must therefore inquire as to whether the employee’s domestic partner satisfies the requirements for being treated as the employee’s dependent for tax purposes.

As a result, employees who elect domestic partner coverage should be required to provide the employer with a written certification that the person does qualify as their dependent for health benefits purposes. Each employee who elects to cover their domestic partner must be required to complete such a certification, regardless of whether he or she has a same-sex domestic partner or a partner of the opposite sex.

Similarly, employers require Certification of Dependent Status forms to be filled for dependent coverage for “qualifying children”.

Furthermore, if state law or local ordinances contain a domestic partner registry, employees might be required to provide evidence that they and their domestic partners have registered. Employers typically structure their health plan in such a manner that the only individuals entitled to domestic partner benefits will be those who comply with the available registration procedures.

It is important to note such registration is NOT a condition of an employee’s domestic partner being treated as a qualifying relative.

The only definition of the dependency that the domestic partner and his/her children must meet is the one defined by Internal Revenue code.

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