All married same-sex couples, regardless of what US state they live in, are entitled to the same federal tax benefits extended to married opposite-sex couples, effective September 16.
The Treasury Department and Internal Revenue Service announced Thursday that legally married gay couples will be able to file taxes jointly and claim marriage-related exemptions, credits and deductions even if they live in one of the 35 states that does not legally recognize gay marriages. They may also retroactively file amended tax returns for the past three years to get possible refunds.
The policy change comes after the June 26 Supreme Court ruling in United States v. Windsor that invalidated the portion of the Defense of Marriage Act defining a marriage as between a man and a woman.
Treasury Secretary Jack Lew said the decision “assures legally married same-sex couples that they can move freely throughout the country knowing that their federal filing status will not change.”
