Gay Married Couples May Face Higher Taxes

The IRS needs to clarify its definition of marriage

   

There is still much uncertainty regarding taxes and same-sex marriages since the IRS has yet to clarify how federal tax will apply to married gay couples.

Forbes reports that same-sex couples may not be able to file federal tax returns as a married couple unless they live in a state that recognizes gay marriage. The IRS has yet to decide whether a couple is married based on where they live or based on where they were married.

Less than two months ago, the Supreme Court did not pass Section 3 of the Defense of Marriage Act. This law would’ve allowed federal recognition of same-sex marriages, but the Supreme Court ruled against it, deeming it unconstitutional.NewLetters Gay Married Couples May Face Higher Taxes

However, it is still unclear whether or not this ruling will apply to federal taxes since Section 2 of the DOMA states that married gay couples don’t have to be recognized in states where same-sex marriage is illegal. If the IRS only considers a marriage based on state law, some gay couples will have to file taxes as single.

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