On June 26, 2013 the United States Supreme Court issued an important decision that struck down the Defense of Marriage Act (DOMA) and held that same sex couples should be treated equally under the law. The “law” includes federal tax laws. However, the Internal Revenue Service (IRS) may not be ready to provide such equality immediately.
For same sex couples that live in states that recognize gay marriage, the tax issue should not be complicated. They can simply check the married box on their tax returns. However, in Oklahoma same sex marriage is currently against the law pursuant to the state constitution and state statute.
What Will Happen to Same Sex Couples in Oklahoma Seeking Tax Law Equality?
Currently, it is unclear how same sex couples in Oklahoma will be able to file a joint return. What is clear is that the partners must have made a commitment to one another by having been married in a state that recognizes their marriage or by forming a civil union. It may be up to the IRS to define the word “spouse” or to come up with a way that treats committed same sex couples equally across the 50 states.
Call an Oklahoma Tax Lawyer if You’ve Been Treated Unfairly
If you believe that the IRS has miscalculated your taxes or treated you unfairly then it is important to contact an experienced Tulsa tax lawyer today at 800-721-7054 and to read our FREE book, The Ultimate Survival Guide for IRS Problems, for more information.