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I'm guessing I need a professional to tell me yes or no... because I am unclear on this issue, but we are a same sex couple, legally married in 2011 in Iowa. We did not and do not live in Iowa though. We reside in Texas and have resided here for the entire time we've been together.
I am trying to understand if we should amend our federal tax returns for 2011 and 2012. Seems like the DOMA decision makes this a "yes" but on the other hand we are not sure.
I just ran the numbers and we'd have ended up with an extra $900 (total for both) in those two years in the form of a higher refund if we'd filed married/joint. $900 is nothing to sneeze at for us. We wouldn't need someone to actually do the amended returns, just a definitive answer to the question... but no idea what it would cost for just a consultation (CPA? or tax lawyer??)
I'm guessing I need a professional to tell me yes or no... because I am unclear on this issue, but we are a same sex couple, legally married in 2011 in Iowa. We did not and do not live in Iowa though. We reside in Texas and have resided here for the entire time we've been together.
I am trying to understand if we should amend our federal tax returns for 2011 and 2012. Seems like the DOMA decision makes this a "yes" but on the other hand we are not sure.
I just ran the numbers and we'd have ended up with an extra $900 (total for both) in those two years in the form of a higher refund if we'd filed married/joint. $900 is nothing to sneeze at for us. We wouldn't need someone to actually do the amended returns, just a definitive answer to the question... but no idea what it would cost for just a consultation (CPA? or tax lawyer??)
A less expensive way to get your answer would be to call the IRS.
IMHO, the answer is going to be "no". I did not see anything written anywhere that makes the repeal of DOMA retroactive.
In re-reading your posts, I encourage you to call the IRS.
Texas has no income tax, so you might actually be able to file amended returns. Different rules would apply to States that do/did not recognize same sex marriage and have income tax requirements.
no. Your problem is Texas....not the US. Good luck.
Oh you have no idea. Understatement of the year.
Quote:
Originally Posted by Elke Mariotti
In re-reading your posts, I encourage you to call the IRS.
Texas has no income tax, so you might actually be able to file amended returns. Different rules would apply to States that do/did not recognize same sex marriage and have income tax requirements.
That's what I was thinking. I will call them, thanks!
I'm surprised you decided to live in Texas as a same sex couple. Austin, TX? I suppose there are several big cities there with great job markets and reasonable CoL, so it's not like you can just uproot a family when you find bigotry in your state.
I'd agree with calling the IRS, and please post whatever you find out. I'd have a hard time with an answer of "Well, sure your legally married and the law was thrown out for conflicting with our constitution, but we are going to enforce rules based on that law that conflicted with the constitution and treat it as if it temporarily superseded the constitution."
However, it is the IRS, so who knows what they will do?
I would think yes. I also read the articles after DOMA was repealed, the fact that you live in TX shouldn't matter for a federal tax return. The fact is that you were married in 2011 and 2012 and should have been able to file married filing jointly, but couldn't because of DOMA. Why don't you just amend the returns and either get a check from the IRS or not.
Exactly. The Supreme Court tossed DOMA in US v Windsor at the end of June. It did NOT include language specifying that the ruling would apply from the point of the decision forward. The IRS could still decide to interpret the ruling that way. At the moment, they don't know what they are going to do. This is from their website...
NOTE: The questions and answers below do not reflect the Supreme Court's June 26 decision relating to DOMA. We are reviewing the important June 26 Supreme Court decision on the Defense of Marriage Act. We will be working with the Department of Treasury and Department of Justice, and we will move swiftly to provide revised guidance in the near future.
In the meantime, it is not at all hard to prepare and mail a Form 1040-X. Which is exactly what I would do.
Exactly. The Supreme Court tossed DOMA in US v Windsor at the end of June. It did NOT include language specifying that the ruling would apply from the point of the decision forward. The IRS could still decide to interpret the ruling that way. At the moment, they don't know what they are going to do. This is from their website...
NOTE: The questions and answers below do not reflect the Supreme Court's June 26 decision relating to DOMA. We are reviewing the important June 26 Supreme Court decision on the Defense of Marriage Act. We will be working with the Department of Treasury and Department of Justice, and we will move swiftly to provide revised guidance in the near future.
In the meantime, it is not at all hard to prepare and mail a Form 1040-X. Which is exactly what I would do.
This. File a 1040-X as a protective measure so that none of the statutes on your open tax years are blown. File one for each open year (you generally have until 3 years after you file).
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$900 is nothing to sneeze at for us. We wouldn't need someone to actually do the amended returns, just a definitive answer to the question... but no idea what it would cost for just a consultation (CPA? or tax lawyer??)
