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Same Sex Married Couple - Filing Status


Yardley CPA

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Same sex couple were married in Maryland in the fourth quarter of 2013. The couple lives in North Carolina. In regard to their filing status, must they file as married (whether that be joint or separate) for federal purposes or can they file as single? I'm not overly familiar with North Carolina personal income tax, but I believe they would have to file as single since NC does not recognize same sex marriage. Thoughts please.

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must they file as married (whether that be joint or separate) for federal purposes or can they file as single?

According to the Instructions for Form 1040, "For federal tax purposes, individuals of the same sex are considered married if they were lawfully married in a state (or foreign country) whose laws authorize the marriage of two individuals of the same sex, even if the state (or foreign country) in which they now live does not recognize same-sex marriage."

NT from here on...

On the other hand, it's starting to look like the chances of even meeting someone same-sex is unlikely. Have you seen all the new Facebook options? Wow! Trans- and cis- and andro-pan, and I don't know what-all. Check this out http://techland.time.com/2014/02/14/a-comprehensive-guide-to-facebooks-new-options-for-gender-identity/?xid=rss-topstories

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