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ProSeries Frequently Asked Questions

How Do I Enter Information for Registered Domestic Partnerships, Civil Unions, and Same-Sex Marriages?

Products Affected:

  • ProSeries/1040
  • ProSeries Basic/1040
  • Various Individual State Products

People who are in a Registered Domestic Partnership (RDP), civil union, or same-sex marriage in a state where they are required to file as married will need to create two separate federal returns: one for the federal government, which does not legally recognize their relationship; and one for the state, which does.

To enter information for Registered Domestic Partnerships, Civil Unions, and Same-Sex Marriages recognized in their state:
  1. Create a federal return for both partners with the filing status Married Filing Jointly or Married Filing Separately.
  2. On the Federal Information Worksheet, go to Part IX - Additional Federal Return Information. Check the box stating "Taxpayer is a registered domestic partnership, civil union, or same sex marriage". Also, check the box stating "This is taxpayer's joint return for filing joint state return only".
  3. Prepare a state return from this joint federal return. File this return only with the state.
  4. Save the federal return created in step 1 using a new file name (go to the File menu, choose Save As, and change the file name).
  5. Change the filling status to Married Filing Jointly (if necessary) and use the Taxpayer/Spouse/Joint (TSJ) indicators to identify the income and expenses specific to each partner.  If there is income from Schedule C indicate if it is the "spouse's" or taxpayer's Schedule C. 
  6. When you have completed the MFJ return, use the "Split MFJ Return" function* to create two separate federal returns. Go to HomeBase, highlight the second client file you created in Step 4, go to the File menu, and choose Split MFJ Return. Two additional returns will be created, each with the Single filing status. If the taxpayer qualifies as Head of Household, change the filing status. 
  7. On the Federal Information Worksheet, go to Part IX - Additional Federal Return Information. Check the box stating "Taxpayer is a registered domestic partnership, civil union, or same sex marriage". Also, check the box stating "This return is the taxpayer's individual federal return to be filed with the IRS".
If you intend to file the returns electronically, refer to this page:
 
States That Recognize Same-Sex Relationships

Registered Domestic Partnership (RDP)

California
District of Columbia
Hawaii
Maine
New York
Oregon
Washington

Civil Union
Connecticut
New Hampshire
New Jersey
Vermont

Same-Sex Marriage
Connecticut
Massachusetts
 
*Note: The "Split MFJ Return" function is not a function supported in the ProSeries Basic Program.

Tax Years: 2007, 2008
Last Updated:  04/30/2009

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