February 09, 2014
David Glusman, Advisory Services Partner, Quoted in Scranton Times-Tribune Article, "Same-Sex Couple File Jointly on Federal Return."
By David Falchek
In addition to the joys of the ceremony, the honeymoon and setting up a household, some gay and lesbian couples in Pennsylvania will share another responsibility of marriage - filing joint taxes.
Some same-sex couples in Pennsylvania will be able to file jointly on their federal tax returns. Financially, the option of filing jointly offers a direct financial benefit to couples. In the vast majority of cases, a couple reduces their tax liability by filing jointly.
While same-sex marriage is illegal in Pennsylvania, some Keystone State same-sex couples will have the option of filing joint federal tax returns. For example, couples married in the 17 states or District of Columbia which have same-sex marriage who then moved to Pennsylvania may do so. That group would also include Pennsylvania residents who traveled out-of-state specifically to be married. They didn't have to go far, since New York, New Jersey and Maryland offer same-sex marriage.
"If Joe and John got married in New York, for example, and are Pennsylvania residents, they may file joint federal tax returns," said David Glusman, of the Philadelphia office of Marcum Accountants & Advisers, and part of the firm's LGBT and Non-Traditional Family Practice Group. "The IRS is following the Supreme Court decision."
Mr. Glusman referred to the United States v. Windsor decision striking down several provisions of the federal Defense of Marriage Act which defined marriage as between a man and a woman. His phone rang "off the hook" after the Windsor decision was handed down as clients looked for financial guidance in a new era.