Here’s a complication of the DOMA ruling that I’m now dealing with, involving a real-life client:
- Spouse A and Spouse B are in a same-sex marriage.
- Spouse A had a simple tax return and we filed the return before April 15th. Because of DOMA, the filing status on this return was “single.”
- Spouse B’s situation is more complicated. We had to put the return on extension and it hasn’t been filed yet.
What now? DOMA no longer exists, so we can’t just file Spouse B’s return as a single person. I suppose we’ll have to file an amended return as married filing jointly, re-reporting Spouse A’s information and adding Spouse B’s information, and attach explanations so the IRS understands what’s going on.