Brief discussion of same sex marriage tax returns 2013 could represent advantageous tax implications for same sex marriage couples pursuant to Revenue Ruling 2013-17
New Tax Law (Revenue Ruling 2013-17) on Same Sex Couples / Same Sex Marriage
On Aug. 29, 2013, the Internal Revenue Service (IRS) ruled that same sex couples, legally married in jurisdictions that recognize their marriages, will be treated as married for federal tax purposes.
Don’t live in a state that recognizes same sex marriages? No problem. This ruling applies regardless of whether the couple lives in a jurisdiction that recognizes same sex marriage or a jurisdiction that does not. The focal point is that you must be legally married in a jurisdiction whose laws authorize the marriage of two individuals of the same sex.
The New Same Sex Couple Marriage Law Affect Your Federal Income Tax Return
Starting in 2013, any legally-married same sex couple generally must file their 2013 federal income tax return (same sex marriage tax returns) using either the married filing jointly or married filing separately filing status. If you haven’t filed your tax return for 2012 and prior years, same sex spouses who file an original tax return on or after Sept. 16, 2013, must also generally file using a married filing separately or jointly filing status.
Revenue Ruling 2013-17 allows any individual who entered into a legal same sex marriage prior to 2013 to amend previous tax returns. Since the statute of limitations for filing a refund claim is generally three years from the date the return was filed or two years from the date the tax was paid, whichever is later, taxpayers are able to amend their 2010, 2011 and 2012. While each individual’s tax situation could be extremely different from the other, taxpayers often find that amending and making the change in their filing status could produce the most advantageous tax impact in the form of a tax refund.
Amended Income Tax Return (Form 1040X) and Refunds Claims
In order to file a claim for refund for any previously filed tax return, only one person must amend their original tax return by filing an Amended U.S. Individual Income Tax Return (Form 1040X). This amended tax return will include the change in filing status and any additional information necessary as a result of the change in filing status.
How do you get started?
This new ruling represents many positive tax implications for legally-married same sex individuals. The points mentioned above are just some basic details and considerations. Before making any decisions, you should contact us to review your tax situation in detail and determine what your best course of action is. Schedule a tax consultation with one of our tax professionals to review your tax planning options and provide you with valuable tax advice.