Proposed Bill Would Let Same-Sex Couples File Amended Returns for Years They Couldn't Jointly File

Chris Gaetano
Published Date:
Jul 18, 2017

Democrats in both the House and Senate have proposed a bill that, if passed, would allow same-sex couples to file amended returns for the years that the federal government did not recognize their union and forced them to instead file individually, according to Accounting Today. While same-sex couples were allowed in many states before, it wasn't until 2013, with U.S. v. Windsor, that such unions were recognized by the federal government. Prior to this, while couples could jointly file on the state level (if the state recognized the marriage), federal filings needed to be done separately. 

The proposed legislation would allow these couples to file amended returns dating back to the first year of their marriage. Currently the IRS allows couples to file amended returns dating back only the past three years. Extending the date back to when they were first married would, according to estimates from the Joint Committee on Taxation, result in about $67 million worth of refunds. 

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