It doesn’t matter if you are living in a state that doesn’t recognize your gay marriage, as long as you were legally married as a gay couple to begin with, the IRS will consider you legally married and process your federal taxes the same. State laws are trumped once again:
CNS NEWS – The Internal Revenue Service doesn’t care if same-sex marriage is illegal in your state. Even if it is, same-sex couples who were legally married another state will be treated as married for federal tax purposes in whatever state they call home.
Thursday’s rule 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,” the IRS news release said.
But if same-sex marriage is illegal under state law, same-sex couples must still file their state returns as individuals.
“Today’s ruling provides certainty and clear, coherent tax filing guidance for all legally married same-sex couples nationwide. It provides access to benefits, responsibilities and protections under federal tax law that all Americans deserve,” said Secretary Jacob J. Lew. “This ruling also assures legally married same-sex couples that they can move freely throughout the country knowing that their federal filing status will not change.”
But the conservative Family Research Council strongly opposes the IRS ruling:
“State family policies have been undermined today by the Obama administration,” said Chris Gacek, senior fellow for regulatory policy at the FRC.
“The federal government should not, as (Supreme Court Justice Anthony) Kennedy stated in his opinion for the majority in U.S. v. Windsor, ‘put a thumb on the scales and influence a state’s decision as to how to shape its own marriage laws.’ We disagree with this interpretation of Windsor and are displeased to see the Obama administration’s lack of respect for state marriage laws.”