Tuesday, October 8, 2013

UPDATE: Idaho Lawmaker Challenges Tax Commission's Same-Sex Rule

Posted By on Tue, Oct 8, 2013 at 5:02 PM

UPDATE: Tuesday, Oct. 8:
The Associated Press reports that Boise Democratic Rep. John Gannon questionS the Constitutionality of the Idaho State Tax Commission's injunction that same-sex couples must recalculate their federal tax returns as individuals for the purposes of filing state taxes in Idaho.

Gannon, a lawyer, cites litigation in Ohio, where a federal judge has ordered that state to honor a same-sex couple's marriage license from New York. The judge's rationale was that Ohio honors opposite-sex marriages contracted in other states, creating an atmosphere of discrimination against same-sex couples.

According to Gannon, Idaho, which has a state constitutional ban on same-sex marriages, exposes itself to a similar liability.

The Idaho Tax Commission meanwhile contends its rule on same-sex tax filings is within the bounds of the law.

ORIGINAL POST: October 3, 2013

Same-sex couples living in Idaho may find filing their 2013 state taxes a little more difficult.

The Associated Press reports that the Idaho State Tax Commission has altered its 2013 income tax forms in the wake of the U.S. Supreme Court's June invalidation of sections of the Defense of Marriage Act to reflect Idaho's state constitutional ban on same-sex marriages. The change allows same-sex couples to file their federal income taxes jointly, but they must file in Idaho as individuals.

That means when filing their Idaho income tax returns, couples must recalculate their federal returns for input in their Idaho tax forms—essentially filing their federal income taxes twice.

According to filing instructions on the Idaho Tax Commission website, "Your Idaho filing status must be the same as the filing status used on your federal return. This requirement does not apply to same sex couples who file a joint federal return; the State of Idaho does not recognize same sex marriages."

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