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IRS: Legally Married Gay Couples Can File Joint Tax Returns

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WASHINGTON — Married same-sex couples will be treated the same as opposite -sex couples for tax purposes, the Obama administration announced Thursday — whether they come out ahead or not.

The Treasury Department, following up on the Supreme Court’s ruling in June striking down a key section of the 1996 Defense of Marriage Act, announced that gay and lesbian married couples can file joint federal tax returns.

Importantly, the government said those couples can do so even if they move to states that do not permit same-sex marriage — although they may have to file their state tax returns separately, depending on state laws.

Treasury Secretary Jacob Lew said the new rules will provide “clear, coherent tax filing guidance for all legally married same-sex couples nationwide.”

Not all same-sex couples will benefit from the decision; some may pay higher income taxes as a result of the “marriage penalty.” All will have the opportunity to amend their tax returns from 2010-12 — but only if they choose.

The high court ruling came in a case filed by Edie Windsor, an octogenarian from New York who was forced to pay $363,000 in federal estate taxes after the death of her lesbian spouse, Thea Spyer.

The new Treasury/Internal Revenue Service guidelines will apply to all federal taxes, including income, gift and estate taxes. It affects personal and dependency exemptions and deductions, employee benefits, IRA contributions and tax credits — even the exclusion for employer-paid health insurance, which many same-sex spouses previously bought on an after-tax basis.

Chad Griffin, president of the Human Rights Campaign, the nation’s largest gay-rights group, said same-sex families “finally have access to crucial tax benefits and protections previously denied to them under the discriminatory Defense of Marriage Act.”

The new guidelines will not affect couples who are in civil unions or domestic partnerships rather than legal marriages.

(© Copyright 2013 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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