tag:blogger.com,1999:blog-6318055043707993918.post1258211055681482690..comments2024-02-20T02:12:18.090-05:00Comments on THE WANDERING TAX PRO: MY TAKE ON THE DOMA SAME-SEX MARRIAGE ISSUERobert D Flachhttp://www.blogger.com/profile/06034127763662917220noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-6318055043707993918.post-41911654846889240762012-10-30T07:37:39.992-04:002012-10-30T07:37:39.992-04:00MK-
Thanks for the word on the community property...MK-<br /><br />Thanks for the word on the community property "mucking fess".<br /><br />In 40 years I have, thankfully, never had to deal with such a situation. On the few occasions where I did a state return for a married couple in a community property state I always filed a joint return.<br /><br />To be honest, I was not aware of the complexity of community property issues in separate returns, or how it affected same-sex couples legally married in a community property state.<br /><br />Thanks again.<br /><br />TWTP Robert D Flachhttps://www.blogger.com/profile/06034127763662917220noreply@blogger.comtag:blogger.com,1999:blog-6318055043707993918.post-28875942156014287342012-10-29T19:19:33.912-04:002012-10-29T19:19:33.912-04:00Two words: Community Property.
In states that hav...Two words: Community Property.<br /><br />In states that have community property for same-sex couples (California, Nevada, and my own state of Washington) trying to do two single returns for a couple under community property rules is, to use your phrase, a "mucking fess".<br /><br />DOMA does not touch state community property law, so same-sex couples who fall under community property must file reporting half of each others' income. It works for same-sex couples just like it would for me and my husband - half of his paycheck legally belongs to me, and half of my business income belongs to him.<br /><br />Since we're opposite-sex, we can easily file jointly, taking care of the community property situation nicely. If we wanted to file separately (which usually has no advantage in community property states) we could file MFS, which has provision for reporting the other spouses SSN.<br /><br />For same-sex couples, I have to do a proforma MFJ, split the income onto the two single returns, using line 21 for the adjustment and attach the worksheet from Pub 555, and then deal with the inevitable notices, since the IRS has no idea how to handle this situation and has provided no forms to handle it.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6318055043707993918.post-57790700212232571782012-10-29T10:01:34.021-04:002012-10-29T10:01:34.021-04:00Opposite sex couples can already file separate ret...Opposite sex couples can already file separate returns if they want. Just get a divorce but continue to live together.Anonymousnoreply@blogger.com