Filing Taxes in a Same Sex Marriage

[JerseyGirl2]

Posted: 2/19/12 at 7:17am

So, even though I am no longer a US resident, I have to file a US return every year. Last year I filed single since we married that year and it was easier than looking too far into it. Well, today I learned that I just have to lie and tell them I am single. Apparently every gay couple who is in a legal marriage has to lie and file as single. One of my friends has to file as single with a child while her wife files and single and childless. It's INSANE. My marriage is legally recognized throughout my country, but because it isn't in the US, I have to lie. Doesn't it feel like we are all going to be guilty of tax fraud in a few years?

[henrikegerman]

Posted: 2/19/12 at 8:51am

Point well taken, but, in case you are at all seriously concerned, you are not "married" for U.S. federal purposes, by the definition imposed by DOMA, so you are not lying. You are merely speaking a different language. Neoconese. Therefore, you are not committing any kind of fraud.

If you prefer, of course, you could tell the whole truth on your return as a form of full disclosure, e.g., married but filing singly as I am relegated to being a second class citizen. Perhaps there should be a movement to get same-sex marrieds to do this.

[JerseyGirl2]

Posted: 2/19/12 at 10:00am

But, because I married and reside in another country and am not a resident of any state, I kind of fall into a grey area. I still have to file a return, but I am 100% legally married where I live. It seems crazy that I can have dual citizenship and be married in one country but not the other. I am sure there are a lot of Canadians in my position.