I.R.S. to Recognize All Gay Marriages, Regardless of State

Politics • August 2013 • Views: 1,263

WASHINGTON — All legally married same-sex couples will be recognized for federal tax purposes, regardless of whether the state where they live recognizes the marriage, the Treasury Department and the Internal Revenue Service said Thursday.

The federal rules change is one of many stemming from the landmark Supreme Court decision in June that struck down the 1996 Defense of Marriage Act. That ruling found that same-sex couples were entitled to federal benefits, but left open the question of how the federal government would actually administer those benefits.

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3 comments

LeftyRambles2413 (HappyWarrior) Aug 29, 2013 • 1:39:49pm

More IRS Nazism.//

Reality Based Steve Aug 29, 2013 • 2:58:50pm

This is really a no-brainer, but I’m 100% sure that the RWNJs will find a way to scream that they are being crushed by the atheistic marxists.

SMW
Same Sex couples getting a tax break affects me exactly nada

lawhawk Aug 29, 2013 • 5:14:11pm

Basically, there are a whole bunch of states that follow federal law and guidance. So, making this move means that those states that don’t allow SSM will now have to issue guidance decoupling from the federal provisions on SSM being treated as married filing jointly.

Those states will require the recalculation of income to separate the income in those SSM cases.

These states may argue that the change undermines the revenue collected.

How this plays out - OH doesn’t have SSM, but NY does. Couple gets SSM in NY - a legal and valid marriage. They move to OH and then they file married filing jointly for fed; OH law requires the taxpayer to file in the state in the same manner as fed. This will require the OH Department of Revenue to issue guidance requiring either a separate calculation for these individuals, or else relent and accept the federal calculation as the basis for the OH income tax return.

Without any legislative change on the part of the OH legislature, the effect of the federal law would mean that same-sex taxpayers in OH who were legally married in one of the states where SSM is legal would be able to file both their federal and state returns as married filing jointly.

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