So Can Same-Sex Couples File a Joint Tax Return or Not?

This is the season when tax advice is as common as sand at the beach. Every publication, website, newspaper and magazine is full of advice, warnings and imprecations about what you should and shouldn't do to save money on your federal income tax this year.

But what if you're gay?

Single gay people are, obviously treated like other singles but several states now allow gay couples to marry and the Obama administration has said it will no longer defend the Defense of Marriage Act (DOMA) in court.

However, that doesn't mean the law has been repealed or is no longer in effect. It is still the law of the land, no matter how spottily it's applied, and it means that gay couples are single in the eyes of the federal government.

So does that mean married gays can't file a joint return the way “straight” couples can? Unfortunately, the answer is probably yes, although there has been no court test that speaks specifically to the issue and some accountants and tax lawyers are taking a more aggressive stance than others.

One possibility for gay taxpayers is to hang onto all of the information used to file this year's tax return. If DOMA is repealed – not likely – or successfully challenged in court, you might be able to file an amended return for 2010 and enjoy some of the benefits the tax law now gives to married heterosexual couples.

Whether or not it's better for married couples of whatever gender preference to file jointly is a separate subject. Generally speaking, tax laws give married couples a break except when both earn big incomes, which can result in a tax bill that's bigger than it would have been if the taxpayers were single.

The only answer that can be universally applied is this: talk to a qualified CPA or tax lawyer for advice on this and all other taxation matters. Newspapers, web stories and so forth are fine but may not apply to your specific situation and, with all suitable apologies to my many colleagues, many ink- and electron-stained wretches are not as expert as they might be.