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.
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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