But it requires all married couples to file jointly and it piggybacks its returns on the federal 1040. ![]() For instance, Massachusetts recognizes gay marriage. This creates a number of problems for these couples, some very serious, others merely annoying. As a result of the 1996 Defense of Marriage Act, gays cannot be married for federal law purposes. Even though a handful of states now recognize gay marriage, for federal tax purposes their marital status is irrelevant. Of course, heterosexuals can choose to marry or not and live with the tax consequences. Depending on the relative income of each spouse, married couples either enjoy a marriage bonus or suffer a marriage penalty. The benefit issues are probably larger, but this is TaxVox, so let’s look at taxes.Īs my TPC colleague Bob Williams noted, when it comes to federal taxes the question is not whether you are gay or straight, but whether or not you are married. Interesting discussion today at a TPC forum on the tax and benefits consequences of being gay.
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