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Discussion:Post-DOMA - Frustrated

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Discussion Forum Index --> Business Growth Community --> Post-DOMA - Frustrated


SunwunLost (talk|edits) said:

27 June 2013
So I told my boss about the DOMA decision yesterday. He observed that things will change but seems uninterested in actually learning about how it will affect potential clients (and maybe one or two existing clients who will come out to us). As the NC constitution prohibits same sex marriage, I can see that the situation will get murky henceforth, whereas it has been quite clear-cut until now. As my boss seems to be so laid back about it, I have decided to take the initiative to inform myself.

I am not gay, don't understand it and my only involvement in gay rights was to be part of the 39% last May, so I don't want to spend an enormous of time and effort on a subject I may hardly ever use. I do, however, want to gain some knowledge in the issues. Reading the discussions in the last 18 hours or so has been a real eye-opener, but I wonder if there are any courses out there that cover the issues in a more structured way. I really don't know where to start. Does anyone have any pointers?

NMexEA (talk|edits) said:

27 June 2013
Not yet but there will be.

AgwmTax (talk|edits) said:

28 June 2013
My understanding is that the SC decision does NOT change any state laws. So if NC does not recognize same sex marriages then there is nothing new for you guys. But for the 12 states that currently recognize same sex marriages, they will be allowed to file joint federal returns just like they can file a joint state return.

For more information see lambdalegal.org They have very good info on this subject.

Kevinh5 (talk|edits) said:

28 June 2013
I don't think even Lambalegal has everything figured out yet, though, Agwm.

For one, I disagree with their suggestion that only couples residing in states recognizing their marriage may file a married federal return. I'm pretty sure that anyone legally married anywhere will be able to file a married federal return. The Obama administration will push the IRS to make this their policy in their quest for equality.

There have been some great points brought out by our own discussions on this site over the last 2 days. One being that moving to a non-recognition state does not equate to a divorce.

Dhtax (talk|edits) said:

28 June 2013
I agree with Kevinh5:

The instructions to 1040 say you can file as single only if you were never married, if you were widowed and did not remarry, or if you are "legally separated according to your state law under a decree of divorce or separate maintenance" . . . and the divorce has to be final.

That means to me if a couple marries in MA and moves to SC they HAVE to file as married, either jointly or separately.

AgwmTax (talk|edits) said:

29 June 2013
>>That means to me if a couple marries in MA and moves to SC they HAVE to file as married, either jointly or separately. <<

For the Federal tax return you are correct it has to be either MFJ or MFS.

For SC tax return single or Head of Household (if there is a qualifying person)


I believe that is the general understanding of the tax pro community.

I think what will end up happening i sthat certain "friendly" states may not themselves allow same sex marriages within their jurisdiction BUT allow a same sex marriage to be recognised for tax purposes if the marriage was legal in a state that allowed it when they got married. I think folks in the military who move around quite a bit will press this issue.

This will lead to inconsistent treatment in various states and this will eventually end back again at the Supreme Court.

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