, Answering FAQ'sTurboTax Employee
That depends upon which state(s) you are filing in.
Legalized Same-Sex Marriage States
These states have legalized same-sex marriage and will recognize same-sex marriages from other states. In these states, you will file not only your federal tax return as a married couple (Married Filing Jointly or Married Filing Separately), but also these state returns as a married couple.
California, Connecticut, Delaware, District of Columbia, Hawaii, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Rhode Island, Utah, Vermont, and Washington.
Utah's recognition of same-sex marriage is currently under court review; refer to the Utah Tax Commission notice.
Recognize Same-Sex Marriages from Other States
Although these states do not recognize same-sex marriages, they allow same-sex couples who are legally married in other states to file joint state tax returns in their state:
|State||Link to State Information|
|Colorado||Income tax filing status for Same-Sex Couples|
|Illinois *||Income tax filing status for Same-Sex Couples|
|Missouri||Jointly filed state returns for Same-Sex Married Couples|
|Oregon||Same-Sex Married Couples|
* Illinois is scheduled to legalize SSM on Jun 1, 2014, however they currently recognize SSMs from other states.
Do Not Recognize Same-Sex Marriages for State Returns
Legally married same-sex couples cannot file as a married couple on these states' tax returns. For guidance on filing, see the links related to the states,
- How does the Supreme Court overturning of the Defense of Marriage Act (DOMA) affect tax returns?
- States That Recognize RDPs, Civil Unions, and Same-Sex Marriages
- When You Are in an RDP, Civil Union or Same Sex Marriage and You Need to File More Than One State Return