Same-sex married couples, Kansas, and taxes

Are you a legally married same-sex couple that lives in the state of Kansas? If you are, you probably have questions about how you can file your income taxes this year. Read on, but remember, this is only general information and should not be considered tax advice. Please consult a tax professional for that.

If you have legally been married, no matter where that marriage was performed, you are legally married for Federal tax purposes. Whether you were married in Iowa, California, Massachusetts, or even in Kansas (yes, it has happened!), the IRS expects married people to file their taxes as married.

Unfortunately, the State of Kansas – specifically the Kansas Department of Revenue – is still refusing to recognize legal marriages legally performed. According to the Department, same-sex couples cannot file Kansas tax returns as married. Under Kansas law, the marital status under which you file your Federal taxes is the marital status under which you file your state taxes. HOWEVER: The Kansas Department of Revenue is requiring same-sex married couples to complete an extra worksheet that re-calculates your income tax as though you were never married in the first place. How sweet.

Equality Kansas has done some research with tax pros and offers these options:

  • Some same-sex couples have filed their Kansas taxes as married, even with the ban in place. Some couples have had their tax returns accepted without question, while others have not.  This is probably a very risky option that could cause problems down the road.
  • If you need your Federal and state refunds immediately, with a minimum of hassle, you’re going to have to “bite the bullet” and file your Federal taxes as married, do the Kansas worksheet, and file your Kansas taxes as single. You might be able to file amended returns once/if marriage equality is recognized nationally.
  • If you are not desperate for a refund, file a Federal request for an extension. Extensions are granted automatically, and automatically reset the due date for your return to October 15. We expect the question of marriage equality to be answered, once and for all, before the end of June.  WARNING: An extension does not put off the due date for your tax payments! To avoid penalties and interest, you must pay any estimated taxes due by April 15, even if you have filed for an extension!

If you want to file your Federal return right now, and put off the State, it can be done, but the process is a bit tricky. The steps must be followed in order. Follow the instructions listed on the Equality Kansas website.

For even more information, check out the FAQs published by the IRS.

 

 

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