Tax Filing Confusion for Same-Sex Couples

Last updated on January 20, 2023

The tax filing season will start on January 31^st, but there is still considerable confusion on the filing status of same-sex couples. Those married same-sex couples that were married in states that recognize their marriage have less confusion as to their status. They are considered married for tax purposes and may file jointly.

The states that do not recognize same-sex marriage may not allow same-sex couples to file jointly. Each state determines its own rules regarding the filing of taxes, so it is crucial for same-sex couples to know what their state has decided. If their state does not honor the federal requirement, married same-sex couples will need to file separately.

This tax season will be the most difficult for same-sex couples because many states are undetermined about their stand on the issue. Slowly, as more states legalize same-sex marriage, it will become simpler for same-sex couples to prepare and file taxes. Until then, they will be required to uphold the existing tax laws, no matter how confusing.

Taxpayers may call the IRS, visit an IRS center in their area or consult a tax preparer before preparing taxes to avoid mistakes on their return. It is important that tax returns are filed, and that they are filed correctly to avoid complications such as tax debt or rejection of the return.