General Question

missafantastico's avatar

I'm legally (gay) married in Massachusetts, but I live in Maryland. Can I file my taxes as a married person?

Asked by missafantastico (685 points ) April 9th, 2011

I’ve been happily married since July 2010, when my spouse and I legally tied the knot out of state in Massachusetts.

I know that I have to file as a single person for my federal taxes, but I’m not sure how to file my Maryland taxes.
Something tells me that Turbo tax won’t have an answer to this question, so I’m hoping the collective can help me out.

If there is a shortage of HRC tax lawyers on fluther, where can I go to find out Maryland’s policy on same sex marriage?

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9 Answers

janbb's avatar

I have a friend who is a tax accountant; will send this to him and let you know if I get a response.

Mamradpivo's avatar

I seem to recall that the DOMA law from the mid-90’s specifically precludes you from paying federal taxes jointly, but each state can have its own law. Tried to Google it but nothing non-commercial came up on the first page of results. You should check with your Secretary of State’s office.

Good luck.

filmfann's avatar

Wiki says:
On February 24, 2010, Maryland’s Attorney General, Doug Gansler, issued an opinion that Maryland law could recognize same-sex marriages performed in other U.S. states which permit same-sex marriage. According to Attorney General Gansler, the opinion is binding on state agencies effective immediately.

I would say that if you want to, you should.

stemnyjones's avatar

@filmfann That’s awesome. I thought that states didn’t recognize it if it was done in another state period, as a way of discouraging gays to marry.

I wish I lived further north. I have a feeling that it’ll be over 15 years before Louisiana even thinks about allowing gay marriage.

missafantastico's avatar

Thanks folks,

But surprisingly enough, Turbo Tax was actually really helpful. Unfortunately, I have to file as a single.

The real kicker is that I lived in DC for the majority of 2010, and had I still lived there I would have been able to file as married.

Yay for oppression…

janbb's avatar

Here is the status of same-sex marriage legislation in Maryland and “If the union is recognized by the state, they can file MFJ :)” is my tax friend’s answer so I would conclude that you probably can’t.

marinelife's avatar

“Maryland Attorney General Douglas F. Gansler (D) declared Wednesday that Maryland will recognize same-sex marriages performed elsewhere and that its agencies should immediately begin affording gay married couples the same rights as heterosexual ones.”

The Washington Post

janbb's avatar

Since that information (about recognition) is from 2010, I would question whether something has changed since then.

jerv's avatar

@janbb Since that information is from more than a week ago and the legal status of same-sex couples is in flux, you are probably right.

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