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The irs has a general rule recognizing a marriage of same-sex spouses that was validly entered into in a domestic or foreign jurisdiction whose laws authorize the marriage of two individuals of the same sex even if the married couple resides in a domestic or foreign jurisdiction that does not recognize the validity of same-sex marriages. 29, 2013 treasury and the irs today ruled that same-sex couples, legally married in jurisdictions that recognize their marriages, will be treated as married for federal tax purposes. Recognition of marriages of same-sex couples for tax purposes following the windsor decision, the irs issued revenue ruling 2013-17, which holds that married same-sex couples are now treated as married for all federal tax purposes where marriage is a factor, if the couple is lawfully married under the laws of one of the 50 states, the district of columbia, a u. Legally-married same-sex couples generally must file their 2013 federal income tax return using either the married filing jointly or married filing separately filing status. The irs will recognize same-sex marriages for tax purposes nationwide even if they took place in any of the states that still havent legalized them the u. More than two years after the us supreme court, in united states v. Windsor, struck down the section of the defense of marriage act that prohibits same-sex marriages, the irs and the us treasury department released new proposed regulations clarifying the federal tax rules for married couples. 21, would build upon the blueprint issued by the irs in revenue.   after weeks of speculation about how the internal revenue service will treat same-sex marriages, we have our answer the irs has announced that same-sex couples, legally married. The irs further concluded that, for federal tax purposes, recognition should be given to a same-sex marriage that was valid in the state where it was entered into, regardless of the married couples place of domicile. On september 2, 2016, the irs has issued final rules consistent with. ), who had called on the irs last week to clarify its rules on same-sex married couples, expressed support for the rule change. Husband, and wife include an individual married to a person of the same sex, if the individuals are lawfully married under state. Law, and whether, for those same purposes, the term marriage includes such a marriage between individuals of the. Whether, for federal tax purposes, the internal revenue service.

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