Same sex tax benefits nationwide

[mmk123]

http://www.reuters.com/article/2013/08/29/us-usa-gaymarriage-tax-idUSBRE97S11N20130829

 

I was not expecting that this was going to be nationwide.

[instudiocity]

http://www.reuters.com/article/2013/08/29/us-usa-gaymarriage-tax-idUSBRE97S11N20130829

 

I was not expecting that this was going to be nationwide.

Depends on your definition of nationwide. There's no other way for the Feds to enforce Federal Tax Laws, but that doesn't have any bearing on how each of the states with State Income Tax Laws or even cities will enforce their tax laws.

 

It remains conceivable that a married gay couple will be filing a joint Federal return while filing separate state returns.

[AdamSmith]

It is still fucked up in some states. Virginia tax law for instance requires that a married couple file their state and federal tax returns the same way -- either individually for both state and federal, or jointly for both state and federal.

 

The Catch-22 is that Virginia does not recognize same-sex marriage, therefore will not allow a same-sex couple who were married in a different state but now reside in Virginia to file their Virginia taxes jointly. So that in turn prevents the couple from filing their federal taxes jointly.

 

This example shows the mess that results from laws that nullify the Full Faith & Credit clause, an aspect of DOMA that the SCOTUS ruling did not reach to. So that stupidity remains to be attacked in court.

[Scorpio]

AS, I disagree.

 

In Virginia, one's Federal filing status is the starting point for determining one's Virginia filing status. But Virginia law does not dictate, one's Federal filing status. For example, if a couple files a joint return for Federal purposes but only one of the spouses is a Virginia resident, then the resident spouse would file a Virginia return as Married, Filing a Separate Return, where only the income of the resident spouse is taxed in Virginia.

 

Virginia may have to alter some of its filing instructions with respect to same sex spouses but it can't dictate Federal filing status. Under current law, same sex spouses would most likely be considered Single for Virginia income tax purposes. According to the Virginia instructions, one is single if you are unmarried or divorced or legally separated. Since Virginia doesn't recognize same sex marriage, then one be Single for purposes of filing a Virginia income tax return.

 

http://www.tax.virginia.gov/site.cfm?alias=FilingStatus

[Kevin Slater]

Here's a very general overview just published in NYT. Just passing it along...

 

http://www.nytimes.com/2013/08/31/your-money/gay-marrieds-enter-new-land-of-federal-taxation.html?hp

 

Kevin Slater

[leigh.bess.toad]

It is still fucked up in some states. Virginia tax law for instance requires that a married couple file their state and federal tax returns the same way -- either individually for both state and federal, or jointly for both state and federal.

 

The Catch-22 is that Virginia does not recognize same-sex marriage, therefore will not allow a same-sex couple who were married in a different state but now reside in Virginia to file their Virginia taxes jointly. So that in turn prevents the couple from filing their federal taxes jointly.

 

This example shows the mess that results from laws that nullify the Full Faith & Credit clause, an aspect of DOMA that the SCOTUS ruling did not reach to. So that stupidity remains to be attacked in court.

 

Well if you think it's fucked up now, just wait if Ken ("I want to re-instate sodomy laws on everyone") Cuccinnelli wins the governorship in November. We'll all be screwed. And not in a good way.

[AdamSmith]

AS, I disagree.

 

My bad. I was parroting what some attorney said on NPR. Not a tax attorney, evidently.

[AdamSmith]

Well if you think it's fucked up now, just wait if Ken ("I want to re-instate sodomy laws on everyone") Cuccinnelli wins the governorship in November. We'll all be screwed. And not in a good way.

 

No question. A small relief to see as of yesterday it looked to be leaning slightly to McAuliffe. http://www.nbc29.com/story/23303890/political-analyst-governors-race-leans-toward-mcauliffe