Quote:
Originally posted by greatwhitenorthchick
If you are gay and got married in the US, like, for example, Rosie O'Donnell, can you file your taxes as a married person with your spouse? Anyone know what is being advised on this issue?
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If your state recognizes gay marriage (which none do)* you could file state jointly if they allow joint filing for legally recognized marriages.
There is no federal recognition of gay marriage so there is no point in filing jointly. The DOMA prohibits it still and the filing would be rejected once the "error" was caught.
*Mass will recognize them around May 17, but that would be for the next tax filing period of course. That would still be state taxes, no doubt, there will be a federal challenge on May 18. There is no other state that has gay marriage. In Vermont there are civil unions, I don't know if the state tax code provides for joint filing you would have to look. That would have no impact on federal filing.
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