Maryland Comptroller Peter Franchot said he'll work to ensure that same-sex married couples can file joint tax returns in the state.
Franchot said either legislation or a regulatory change will be necessary to allow gay couples to file jointly. Federal law prohibits gay couples from filing joint tax returns, and Maryland's tax code is joined to the IRS unless specific exceptions are made.
Franchot said he and his staff will work with lawmakers to determine the best course of action. He says gay couples will get the same tax treatment as any married couple in Maryland.
Same-sex couples are allowed to file joint tax returns in all other states where gay marriage is legal. Forcing couples to file separately could expose them to greater tax liability.
“Yesterday’s Washington Times article contained significant misinformation regarding the tax filing status of same-sex couples in Maryland. Contrary to the tone and the facts contained in the story, same-sex couples in the State of Maryland – whether married in this state or in other states – will have the opportunity to file joint tax returns for Tax Year 2013, and will receive the same state tax treatment as any married couple. This will occur either as a result of a legislative action, or if necessary, a regulatory change, either of which is necessary because Maryland’s tax code is conjoined to the IRS unless specifically decoupled. My senior staff and I will work with legislative leaders over the next few weeks to determine the most appropriate course of action.
“I proudly testified in strong support of the Civil Marriage Protection Act and remain a steadfast supporter of marriage equality. Honoring Maryland’s hard-earned reputation for fairness and equality, this change will afford same-sex couples with the rights and protections commensurate with their obligations as taxpayers.”