Any gay couples filing joint returns?

[Goldust]

Now that a lot of gay couples finally have marriage licenses, should they file as a married couple and get the same financial benefits as a straight couple?

[Paragon]

1. They may find out that the "financial benefits" are bogus

My father remarried last year, and he's actually paying $2200 more than if he were to file separately.

[MsUnderstood]

2. Uh do you think that is legal?

Even though some cities/municipalities have given out marriage licenses, the following issues still exist:

1) The marriage licenses weren't given out last year, they were given out this year so no gay "married couple" can file jointly for last year's taxes.

2) The States have not approved the licenses issued by the smaller governments so the states aren't gonna allow the couples to file jointly.

3) The federal government has a cute little law called DOMA which states basically that the states might try to give out "licenses" but the federal government will not recognize those licenese so filing jointly is totally illegal there.

So NO I don't think any gay "married" couple will be filling jointly (and bringing the wrath of the IRS/State government audit down on them) this year.

[dsc]

3. not unless they wish to be charged with tax fraud

Under DOMA the IRS is forbidden from recognizing those licences. The only gay couples legally entitled to file joint returns are ones in Vermont, California, and Hawaii. And in those states it is only state returns that they can file that way.

[Not Me]

4. I read (last summer)...

when Ontario Canada began marrying gay couples (including US nationals) that the ACLU had identified a few test case couples to challenge US tax law (and DOMA), claiming that if the US recognized hetero couples married in Canada, they need to recognize gay ones as well.

I haven't read much since though. Perhaps something will bubble up on 4/15.