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Tax Question. IRS Filing Status. Married vs. Joint Tax

Tax Question. IRS Filing Status. Married...
Tax Question.
IRS Filing Status. Married vs. Joint Tax Return Form 1040
Taxpayers are living together and are both female. They are not legally married, but consider themselves together. They moved from Florida to Texas in 2017. For IRS purposes are they common law married? It appears that Texas has common law marriage, but Florida does not? Does it matter that they are the same sex?
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Customer reply replied 27 days ago
Do you know the correct answer to this IRS tax question?
Answered in 20 minutes by:
3/23/2018
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 32,668
Experience: Taxes, Immigration, Labor Relations
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For federal tax purposes, the IRS looks to state or foreign law to determine whether individuals are married.

The IRS has a general rule recognizing a marriage of same-sex spouses that was validly entered into in a domestic or foreign jurisdiction whose laws authorize the marriage of two individuals of the same sex even if the married couple resides in a domestic or foreign jurisdiction that does not recognize the validity of same-sex marriages.

.

So far - for federal tax purposes - we need to consider Florida law based on the jurisdiction where their relations started.

The same-sex couples could obtain marriage licenses in Florida - but as they choose not to be legally married - that will not change after moving to Texas.

They may change that by entering legal marriage relations in Texas.

See for reference

https://www.irs.gov/pub/irs-drop/rr-13-17.pdf

Lev
Lev, Tax Advisor
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