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Same-Sex Couples Eligible for Joint Tax Returns

Married same-sex couples who reside in Maryland can file jointly in 2014.

Same-sex married couples in Maryland will be able to file joint tax returns but they'll have to wait a year to do so.

Comptroller Peter Franchot said Wednesday in a statement that "same-sex couples in the State of Maryland – whether married in this state or in other states – will have the opportunity to file joint tax returns for Tax Year 2013, and will receive the same state tax treatment as any married couple."

The comptroller issued the statement a day after a Washington Times story reported that same-sex couples in Maryland would not be eligible to file jointly.

Franchot said the story "contained significant misinformation regarding the tax filing status of same-sex couples in Maryland."

That story raises questions about Maryland's tax code that could prevent same-sex couples from filing jointly, including some federal laws.

Franchot said those hurdles will be cleared in the next year and open the door to same-sex couples filing jointly in the state.

"This will occur either as a result of a legislative action, or if necessary, a regulatory change, either of which is necessary because Maryland’s tax code is conjoined to the IRS unless specifically decoupled.  My senior staff and I will work with legislative leaders over the next few weeks to determine the most appropriate course of action," Franchot said in his statement.

The changes, if they occur, will allow same-sex couples to file jointly for the tax year 2013—which is actually filed by April 15, 2014.

"I proudly testified in strong support of the Civil Marriage Protection Act and remain a steadfast supporter of marriage equality," Franchot said. "Honoring Maryland’s hard-earned reputation for fairness and equality, this change will afford same-sex couples with the rights and protections commensurate with their obligations as taxpayers.”

Maryland voters approved a state law sanctioning same-sex marriage in Maryland. The first marriages are expected to take place after the first of the year.

Gary December 22, 2012 at 04:34 PM
dear FIFA and Frank, not depressed, just tired of paying for entitled persons with my hard earned money. THANKS for your concern anyway. Thanks for the insult too,
Frank December 22, 2012 at 04:44 PM
Another name-changer here. "Julie" was "Gary" until sometime between 8:34 a.m. and 11:34 a.m.
Gary December 22, 2012 at 04:49 PM
BTW FIFA are you a jerk much?
Bill Howard December 23, 2012 at 07:55 PM
Best to get rid of the whole income tax. Ne sex issues and income tax was always a Marxist favorite anyway.
bystander December 24, 2012 at 03:42 PM
I would bet most gay folks are against the idea (and even legislation) of several people entering into a marriage. Most Patch commentators proclaiming their homosexual partnership have been silent on defending this idea. Maryland should make people partnerships the same as corporate partnerships...any number of people and any gender. It removes the religion from the subject, which seems to have become the analytical argument. Rewritten tax codes to address the people partnerships will handle the other problem of defunct marriage tax benefits and medical decisions. I do believe the Civil Marriage Protection Acts have cracked the nut wide open for such unthought of arrangements. I am generally a conservative thinker and traditionalist, but see these measures as the only way to avoid all citizens from claiming discrimination by the current marriage laws.

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