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Same-sex tax filing status? State vs Fed?
Consider the case of two men (or women) who get married in a state where same-sex marriage is legal and then move to North Carolina, where it is not. They do their federal income tax and file as "Married filing joint" which would be recognized by the IRS as legitimate. The state of North Carolina requires that they file their state return with the same filing status as their federal return. But the state of North Carolina also does not recognize their marriage. So: what happens?
4 Answers
- mrreliable3599Lv 77 years ago
North Carolina does not recognize same-sex marriages. For same-sex couples who filed joint federal returns, if required to file an NC return, they must file separate returns using single filing status, or, if eligible, head of household. They are required to separate income and attach a copy of the federal return.
- ?Lv 77 years ago
It's a lot of work, but they have to fill out a new copy of the federal form as if they were single (or head-of-household or whatever they would be if not married). They don't file that with the IRS, but they use its numbers on their NC tax forms.
- card-ronLv 77 years ago
In this scenario, the state of NC requires that each individual file as single. They would have to complete "dummy" Form 1040s as if they were single and use those as the basis of filing their NC state returns.