This isn't a question. It's more of a commentary...
Worked on a couple returns last week for same-sex couples that got married late last year, in California and New York.
But they are Ohio residents. The official position of the Ohio Department of Taxation is that Ohio does not recognize same-sex marriage, so the Ohio filing status must be single. But under federal tax law, they are now considered married, regardless of the state of residence. So on the federal return, they have to choose between MFJ and MFS, like any other married couple. But on the Ohio tax return, each taxpayer is still single.
Ohio has a special form that is used to break out the income from a joint federal return.
And this would appear to be the case in many other states that do not recognize same-sex marriage.
Drake Software does a fantastic job of handling this mess, and even makes it possible to file the state returns electronically.
Anyone else have any experience with this?
For both couples that I worked with, it was their first time filing a joint federal return, since they got married in 2013. One of the more interesting moments was when I asked if they had a preference as to which one of them would be the primary taxpayer.
BMK
Worked on a couple returns last week for same-sex couples that got married late last year, in California and New York.
But they are Ohio residents. The official position of the Ohio Department of Taxation is that Ohio does not recognize same-sex marriage, so the Ohio filing status must be single. But under federal tax law, they are now considered married, regardless of the state of residence. So on the federal return, they have to choose between MFJ and MFS, like any other married couple. But on the Ohio tax return, each taxpayer is still single.
Ohio has a special form that is used to break out the income from a joint federal return.
And this would appear to be the case in many other states that do not recognize same-sex marriage.
Drake Software does a fantastic job of handling this mess, and even makes it possible to file the state returns electronically.
Anyone else have any experience with this?
For both couples that I worked with, it was their first time filing a joint federal return, since they got married in 2013. One of the more interesting moments was when I asked if they had a preference as to which one of them would be the primary taxpayer.
BMK
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