New Rules for Same Sex Federal Tax Returns


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9-5-13

When the US Supreme Court struck down bans on same sex marriages, they opened up a big change for how tax returns are prepared for same sex couples.

In a minute, I’ll give you a link with more details, but first I want to go over the details:

  • If a same sex couple is married in a state that recognizes same sex marriage, than they will file as married filing separate or married filing joint at the federal level. This is true even if they do not currently live in a state that recognizes same sex marriage.
  • The state tax return will follow state law. So, if the state recognizes same sex marriage, than a married joint or married separate tax return will be filed. If the state does not, than a single state and married federal will be filed.

States currently recognizing same sex marriage are: MA, CA, CT, IA, VT, NH, NY, ME, MD, WA, DE, RI, MN and District of Columbia.

More information here:

http://www.usatoday.com/story/news/nation/2013/08/29/irs-gay-marriage-taxes/2728927/



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