IRS to Recognize All Legal Gay Marriages, Regardless of State of Residence
Get married in Massachusetts but live in Texas and you can still file as a married couple
The U.S. Department of the Treasury announced Thursday that when it comes to taxes, it will recognize same-sex couples' marriages even if they live in a state that does not.
The decision, which was prompted by the U.S. Supreme Court's ruling to overturn the Defense of Marriage Act, marks the latest political progress for the lesbian, gay, bisexual and transgender community.
Prior to this spring, the IRS did not recognize same-sex married couples pursuant to section 3 of DOMA. Once DOMA was overturned in June, the question became: What about same-sex married couples who moved to a state that didn't recognize their marriage (a couple married in Massachusetts who moved to Arkansas, for example)?
Thursday's ruling by Treasury Secretary Jacob Lew provides a uniform policy for the IRS; the state of celebration—where the wedding took place—now trumps the state of residency when it comes to federal tax status for same-sex married couples.