Sen. Elizabeth Warren Proposes Allowing Same-Sex Marriage Couples To Re-File Taxes For DOMA-Related Tax Refunds

Sen. Elizabeth Warren has filed a bill that would allow same-sex married couples to go back and amend their federal income taxes jointly for the three years before the 2013 SCOTUS ruling which brought federal recognition of legal of marriage equality – if it would result in a tax refund.

From Chris Johnson at the Washington Blade:

Same-sex couples could file an amended return if they feel they would’ve receive a refund in one or more prior tax years for up to three years in the past: 2010, 2011, and 2012. Under some circumstances, such as signing an agreement with the Internal Revenue Service to keep the statute of limitations open, these couple might have been able to seek a refund from an earlier time.

The Refund Equality Act would extend the window period for a refund further back in time. Same-sex couples could file a joint return to seek a refund dating to the time of their marriage, which in Massachusetts could be as early as 2004.

Same-sex couples who wed in jurisdictions with marriage equality more than three years before the DOMA decision — Massachusetts, Connecticut, California, Iowa, New Hampshire, Vermont, and D.C. — could be eligible for a refund under the Refund Equality Act.

I can share that hubby Michael and I filed jointly for the first time in 2013. In that we make different incomes (he’s a big deal entertainment publicist, I’m a journalist), we saved a LOT.

At the time, our accountant showed us four different scenarios of what our taxes would have been ranging from “single” to “married – filing jointly.” The difference was huge.

I think if a couple’s incomes are similar the impact isn’t as great.

Michael and I married in California in 2008, so I would definitely take advantage of this law if it comes to pass.