Tax Tips for Same-Sex Marriages
WASHINGTON, March 19, 2014 /PRNewswire-USNewswire/ -- Tax season is in full swing. And while changes in the laws regarding same-sex marriages can seem confusing, USA.gov can help answer your questions:
Because of the U.S. Supreme Court's June 26, 2013 ruling in United States v. Windsor, the U.S. Department of the Treasury and the Internal Revenue Service (IRS) ruled that "same-sex couples, legally married in jurisdictions that recognize their marriages, will be treated as married for federal tax purposes. The ruling applies regardless of whether the couple lives in a jurisdiction that recognizes same-sex marriage or a jurisdiction that does not recognize same-sex marriage."
Under the ruling, same-sex couples will be treated as married for all federal tax purposes where marriage is a factor including:
- filing status
- claiming personal and dependency exemptions
- taking the standard deduction
- receiving employee benefits
- contributing to an IRA
- claiming earned income credit
- claiming child tax credit
Individuals who were in same-sex marriages may file original or amended returns, choosing to be treated as married for federal tax purposes for one or more prior tax years still open under the statute of limitations (three years from the date the return was filed, or two years from the date the tax was paid—whichever is later.)
The IRS has posted a number of frequently asked questions regarding filing as a same-sex married couple. A number of other federal agencies have released information about changes to federal programs and benefits as a result of the Supreme Court's decision.
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