A new revenue ruling was recently issued by the IRS, which states that all same sex marriages will be recognized for federal taxation purposes, even if the state where such couples currently live does not recognize their union. So, if a same sex couple is lawfully married in one state, they will retain that marital status for federal tax purposes even if they move to a state that denies recognition of their marriage.
This applies to all federal tax provisions where marriage is a factor, including, without limitation, claiming personal and dependency exemptions, filing status, employee benefits, IRA contributions, child tax credit, or earned income tax credit.
Therefore, under the statues of limitations, same-sex marriages may file their amended tax returns which would have them be treated as married for federal tax purposes for one or more prior tax years.
As a result, refund claims can still be filed for tax years 2010, 2011, and 2012.
This ruling, however, does not affect same-sex couples’ marital status under the applicable states’ tax laws.
For more information, visit the U.S. Department of the Treasury web site: http://www.treasury.gov/press-center/press-releases/Pages/jl2153.aspx
Should you have any questions regarding the above-mentioned issues or other employment or business matters, please contact Oleg N. Feldman, Esq. You may find his contact information by visiting www.lexern.com.