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Stephen G.
Stephen G., Sr Income Tax Expert
Category: Tax
Satisfied Customers: 6762
Experience:  Extensive Experience with Tax, Financial & Estate Issues
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We are a married couple. We want to amend our 2011 and

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We are a married gay couple.
We want to amend our 2011 and 2012 tax returns to file joint returns.
One partner received health coverage as a domestic partner and imputed benefits were included in W-2. We would like to get refund of the taxes paid on the imputed benefits.
how we report it on the IRS 1040 form? Do we have to reduce the wages, salaries on line 7 by the imputed benefits and send a copy of the employer payroll statement showing the amount of the imputed income? Or we have to report it in the Itemized deductions form under "other miscellaneous deductions"? or any other way to report it?
Thank you,
Eli Haver (NNN) NNN-NNNN

Stephen G. :

Hi & thanks for using our service. I'll do my best to give you a complete & accurate answer. Please ask me to clarify anything that is not clear.

Stephen G. :

Did both partners file individual tax returns as "Single" ?

Customer:

ok, I am waiting for your answer

Stephen G. :

Did you see my question?

Stephen G. :

Did both of you file returns using "Single" status?

Customer:

Yes, We both filed as singles.

Stephen G. :

First of all, the IRS hasn't issued any Revenue Procedures on how to adjust for the imputed health benefits included in your W2.

Stephen G. :

So, normally you would need to file a Form 1040X in order to make an adjustment to a previously filed return.

Stephen G. :

So, you will need to reduce the gross income on the partner that had the imputed income on the W2.

Stephen G. :

Did that partner have to make any contributions to the health insurance plan or was 100% covered by the employer?

Customer:

So, What do you suggest to do? Today irs ruling that same sex married couple can amend their returns to file jointly. My partner has to pay some small amount for our coverage.

Stephen G. :

You will need to attach a note to the joint return showing the adjustment to the W2 for the imputed interest. You would just copy the W2 on to a plain sheet of paper & show the adjustment (reduction) to the gross income.

Stephen G. :

Yes, I am aware of the ruling.

Stephen G. :

There would be no affect on your itemized deductions for employer paid health insurance.

Customer:

the adjustment is not showing on the W-2 ,but I can send a copy of the total imputed amount from the payroll statement.

Stephen G. :

You will also need to attach copies of your single returns to the joint return. At the top of those copies, you should write "DUPLICATE RETURN - DO NOT PROCESS - ATTACHMENT TO JOINT RETURN".

Customer:

clear

Stephen G. :

I understand that it doesn't show on the W2, but absent your employer issuing a corrected W2, you would just show the adjustment on the plain sheet of paper as I suggested. You can attach your payroll record for support, that will (should) eliminate any questions.

Customer:

ok. anything more?

Stephen G. :

Technically, the IRS could require you both to file Amended Returns (using the Single filing status) and showing all zeros on the 1040X in order to eliminate those returns. But generally, that isn't necessary & they will accept the joint return along with copies of the "Single" returns marked as noted above.

Stephen G. :

It is possible that due to the recent court ruling that the IRS could issue a "Revenue Procedure" which would outline the steps to take to go from Single to Joint.

Customer:

ok. Thank you for your excellent service.

Stephen G. :

But what I've indicated is how we do it when prior married couples switch to joint status when they had previously filed as "Married Filing Separately".

Stephen G. :

I'll leave my contact information in case you need to reach me again in the future.

Customer:

ok. Thanks

Stephen G. :

If you need to contact me again with any tax or financial questions, you can just ask for "Steve G" at the beginning of your question. Again, please remember to rate my response. Bonuses, where you think they are warranted, and excellent ratings, are always most appreciated. Thanks again for using JustAnswer.com.You may get a short survey from the site; if it isn't too much trouble I would appreciate it if you would answer it; the survey results are used to rate our performance;

Stephen G. :

Thanks for using JustAnswer.com

Customer:

excellent rating for sure, and I will do the survey

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