Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Wednesday, December 4, 2013

Virginia Rejects IRS Tax Treatment of Same-Sex Couples

FlagVirginia is refusing to follow the IRS's tax treatment of same-sex couples. The Attorney General and the Virginia Department of Taxation has held that allowing same-sex married couples to file their taxes jointly is a violation of state law. Currently, Virginia law as well as a state constitutional amendment disallow the recognition of benefits to same-sex couples.  

See Rachelle Hellams, Virginia to Treat Same-Sex Married Couples As Separate Individuals, Wealth Strategies, Dec. 2, 2013.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.


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Ohio requires married couples to file the same for Ohio as for Federal. The Ohio Dept of Taxation is allowing same sex married couples to file separate Ohio returns even though they can file a joint federal return. This discriminates against married same sex couples as separate Ohio returns very often results in a lower total Ohio tax as Ohio has only one rate schedule. Married same sex couples have the unique advantage of a lower tax on a joint federal return but a lower total Ohio tax on separate Ohio returns.

Posted by: Jerome Schindler | Dec 6, 2013 6:43:55 PM

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