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Kansas latest state to rule married, gay couples must file taxes as singles

Saturday, October 5, 2013

WICHITA, Kan. — Kansas tax officials issued a ruling Friday saying same-sex couples must file their state income tax returns as if each person were single, even if they filed as married on their federal returns.

The Kansas Revenue Department said it plans to provide a worksheet in its instruction booklet for calculating income, deductions and other data separately for each taxpayer. The agency contends the approach adheres to the Kansas Constitution’s definition of marriage as being between one man and one woman.

KansasIn August, the federal government said that all legally married gay couples will be able to file joint federal tax returns even if they reside in states that do not recognize same-sex marriages.

The decision came in rules issued by the Treasury Department and the Internal Revenue Service designed to implement the tax aspects of the Supreme Court’s decision in June that invalidated a section of the 1996 Defense of Marriage Act.

The Supreme Court ruling came in a case filed by Edie Windsor, a resident of New York, who was forced to pay federal estate taxes after the death of Thea Spyer, her lesbian spouse.

Thomas Witt, executive director of Equality Kansas, said Kansas is essentially requiring same-sex couples to take extra steps that are not required by other married couples.

Witt argued that Kansas tax officials are sidestepping Kansas law that requires married couples to use their federal filing status as the basis for their state taxes.

The directive essentially tells gay and lesbian couples to ignore the state law and fill out separate forms that apply only to them, he said.

The state’s tax guidance also raises questions, he said, when there are large income disparities between the partners. It also causes problems in dividing up deductions for medical costs, home mortgage interest and other items.

“The Department of Revenue is making this up without any kind of legislative authority,” Witt said.

Similar rulings were issued earlier this week in Montana and in Idaho.

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100 more reader comments:

  1. Why must I live in this dump of a state. I hate Kansas

    Posted on Saturday, October 5, 2013 at 8:53pm
  2. Come to England, you are most welcome

    Replied on Saturday, October 5, 2013 at 8:54pm
  3. If I had the money I would by now. I love the UK

    Replied on Saturday, October 5, 2013 at 8:54pm
  4. Let the lawsuits begin. (idiots)

    Posted on Saturday, October 5, 2013 at 8:53pm
  5. That’s probably why Dorothy was so anxious to get out of there!

    Posted on Saturday, October 5, 2013 at 8:53pm
  6. No, for some unknown reason, Dorothy was anxious to GET BACK to Kansas!

    Replied on Saturday, October 5, 2013 at 11:25pm
  7. and Kansas was and still is filmed in black and white while the rest of the world is in LIVING COLOR !

    Replied on Sunday, October 6, 2013 at 12:28am
  8. Perhaps the state of Kansas needs an entire house dropped on it.

    Replied on Sunday, October 6, 2013 at 7:00am
  9. So stupid

    Posted on Saturday, October 5, 2013 at 8:55pm
  10. Keep making opportunities for legal challenges, people! Every time state laws are placed in opposition to federal laws, another crack in the dam appears. Eventually, it’s going to burst.

    Posted on Saturday, October 5, 2013 at 8:55pm
  11. And Kansas, she said, was the name of that star…?

    Posted on Saturday, October 5, 2013 at 8:55pm
  12. That is dumb. Part of being married is tax purposes.

    Posted on Saturday, October 5, 2013 at 8:56pm
  13. Boo! This is why I rarely tell people I was born in Kansas. Fuck this.

    Posted on Saturday, October 5, 2013 at 8:56pm
  14. I want to move to Norway….

    Posted on Saturday, October 5, 2013 at 8:56pm
  15. Boo!!!!

    Posted on Saturday, October 5, 2013 at 9:01pm
  16. This will be even sweeter when the haters who felt that needed to be stated get swatted down like the flies they are.

    Posted on Saturday, October 5, 2013 at 9:02pm
  17. How does this even surprise anyone? Kansass has chosen to put discrimination in their constitution. State officials can do this. Yes I don’t like it too but until the courts intervene or legislature (yeah right) this is the way it is.

    Posted on Saturday, October 5, 2013 at 9:03pm
  18. Wrong direction. Go the other way Kansas. Go to the 21st century, not the ??00′s. -__-

    Posted on Saturday, October 5, 2013 at 9:04pm
  19. this is bullshit

    Posted on Saturday, October 5, 2013 at 9:04pm
  20. Bullshit …

    Posted on Saturday, October 5, 2013 at 9:06pm
  21. Wait so the federal government said they can file joint federal tax returns, even if they reside in states that do not recognize same-sex marriages. But yet the state of Kansas is saying they must file as if they were single. This is gonna lead to so many problems. Why can’t these states just legalize same sex marriage ? That why they can save money from trying to pass all these laws against it, and save money from running all these campaigns against it. Not to mention their make money from all these same sex couples that get married.

    Posted on Saturday, October 5, 2013 at 9:09pm
  22. Total morons. Who is running Kansas?

    Posted on Saturday, October 5, 2013 at 9:12pm
  23. Well I can’t wait until states like KansASS get a federal smackdown and are forced to recognize it.

    Posted on Saturday, October 5, 2013 at 9:12pm
  24. Smdh….

    Posted on Saturday, October 5, 2013 at 9:15pm
  25. What more did you expect from the home of Westboro Baptist Church?

    Posted on Saturday, October 5, 2013 at 9:16pm
  26. even the regular homophobic kansas shitheads hate westboro...probably because westboro is anti-america.

    Replied on Saturday, October 5, 2013 at 10:08pm
  27. Just another State stuck in the dark ages

    Posted on Saturday, October 5, 2013 at 9:18pm
  28. Equality House

    Posted on Saturday, October 5, 2013 at 9:22pm
  29. Kansas is another state added to my list of places that I am permanently banning myself from visiting and never investing any money on.

    Posted on Saturday, October 5, 2013 at 9:22pm
  30. well come on kansas is where the west boro bapitst church begin kansas also has alot of corruption

    Posted on Saturday, October 5, 2013 at 9:24pm
  31. Oregon has that policy too. It’s the law. Until next year at least.

    Posted on Saturday, October 5, 2013 at 9:29pm
  32. I

    Posted on Saturday, October 5, 2013 at 9:39pm
  33. :( this is sad.

    Posted on Saturday, October 5, 2013 at 9:40pm
  34. what a joke

    Posted on Saturday, October 5, 2013 at 9:42pm
  35. Colorado is backward too. Yes it will cause confusion. FEDS should just withhold all money to states that want us to file single while filing married on FED income taxes.

    Posted on Saturday, October 5, 2013 at 9:42pm
  36. Then the state refuses to acknowledge the Federal government?

    Posted on Saturday, October 5, 2013 at 9:43pm
  37. Gay people in KS should run, not walk, out of this fucking state.

    Posted on Saturday, October 5, 2013 at 9:44pm
  38. You either recognize gay marriage or you don’t. There should be no limitations.

    Posted on Saturday, October 5, 2013 at 9:49pm
  39. Has the whole world taken leave of their senses

    Posted on Saturday, October 5, 2013 at 9:50pm
  40. This essentially tells gay and lesbian couples that the state law doesn’t apply to them and fill out separate forms that apply only to them. Wonder if married black people have to do the same.

    Posted on Saturday, October 5, 2013 at 9:51pm
  41. No one’s really surprised are they? I mean it IS Kansas !

    Posted on Saturday, October 5, 2013 at 10:00pm
  42. i hate living in kansas. they have no issues legally recognizing me as male (transgender male), but they refuse to recognize my marriage to a woman because it’s considered “same-sex” to them. isn’t that the biggest load of bullshit?

    Posted on Saturday, October 5, 2013 at 10:07pm
  43. Wai-what? lol that is riDICulous!

    Replied on Sunday, October 6, 2013 at 3:10am
  44. TEXAS is worse place

    Replied on Sunday, October 6, 2013 at 12:43pm
  45. they are beyond backwards.

    Replied on Sunday, October 6, 2013 at 8:35pm
  46. You’re married or you’re not married. They can’t tell you otherwise. I’d file joint and put all assets owned in a trust, home, bank accts etc and let them suck eggs. Put your union in a living trust with will/testament.

    Posted on Saturday, October 5, 2013 at 10:18pm
  47. The lawmakers in KS are idiots and so are the people who pass this stuff into LAW!

    Posted on Saturday, October 5, 2013 at 10:32pm
  48. kansas lgbt-dont give up.fight for your rights.

    Posted on Saturday, October 5, 2013 at 10:39pm
  49. I HATE KANSAS…when did they become such idiots!

    Posted on Saturday, October 5, 2013 at 10:40pm
  50. bullshit!!!!!

    Posted on Saturday, October 5, 2013 at 11:09pm
  51. Shame !

    Posted on Saturday, October 5, 2013 at 11:10pm
  52. Small minded Idiots

    Posted on Saturday, October 5, 2013 at 11:34pm
  53. ‘They just don’t get it, do they? SMH

    Posted on Saturday, October 5, 2013 at 11:38pm
  54. They are always going to fight…just like in the civil rights movement.
    .

    Posted on Saturday, October 5, 2013 at 11:49pm
  55. Bullshit

    Posted on Sunday, October 6, 2013 at 12:02am
  56. file taxes for what? Last I heard there is no government to collect those taxes. Aren’t the scum bags still closed down?

    Posted on Sunday, October 6, 2013 at 12:05am
  57. hope they have good lawyers!!

    Posted on Sunday, October 6, 2013 at 12:14am
  58. Kansas needs to join the modern world!

    Posted on Sunday, October 6, 2013 at 12:25am
  59. kansas again…

    Posted on Sunday, October 6, 2013 at 12:33am
  60. WTF???

    Posted on Sunday, October 6, 2013 at 12:35am
  61. they are also looking in to not teaching science, probably don’t teach MATH already.

    Posted on Sunday, October 6, 2013 at 12:52am
  62. This is one of the discriminatory requirements of the state laws against same sex marriage that will open the door for a Federal lawsuit …..

    Posted on Sunday, October 6, 2013 at 1:36am
  63. is this crazy or what?????? again with the discrimination…

    Posted on Sunday, October 6, 2013 at 1:42am
  64. Well, I guess it’s back to court…….the fight for equality is never easy in the land of the free!

    Posted on Sunday, October 6, 2013 at 2:06am
  65. Bigots are mean and vicious too!

    Posted on Sunday, October 6, 2013 at 2:16am
  66. incredibly stupid

    Posted on Sunday, October 6, 2013 at 2:21am
  67. The same sex couples are married. I know people from Kansas are uneducated, but they have to understand this. It is called common sense.

    Posted on Sunday, October 6, 2013 at 2:26am
  68. Sad!!!

    Posted on Sunday, October 6, 2013 at 2:40am
  69. unconstitutional.

    Posted on Sunday, October 6, 2013 at 2:48am
  70. I suppose the Kansas attorneys need the extra cash – this one will lose sooner or later in any state that attempts it. Why the drama over a closed book?

    Posted on Sunday, October 6, 2013 at 2:50am
  71. Oy!

    Posted on Sunday, October 6, 2013 at 3:16am
  72. INBREDS

    Posted on Sunday, October 6, 2013 at 3:49am
  73. So that means in all fairness, non gay married couples can also file ‘single’ while the one with the lowest income takes all the hits and the other, with the higher income gets all credits…. way to reduce your state revenue…. again Kansas. We understand more than you think!

    Posted on Sunday, October 6, 2013 at 4:04am
  74. Sad

    Posted on Sunday, October 6, 2013 at 4:11am
  75. what tards!

    Posted on Sunday, October 6, 2013 at 4:48am
  76. doesn’t make sense

    Posted on Sunday, October 6, 2013 at 5:03am
  77. Kansas, i hope all your gays leave and go someplace hospitable. Oh how will you feel when you have no one creative in the arts, music, design, fashion, or in the events business or in the food industry…hell I bet half your politicians are gay.

    Posted on Sunday, October 6, 2013 at 5:13am
  78. FUCK KANSAS THERE IS NOTHING THERE BUT REDNECKS AND GHETTO ASS LOOSER’s I know Im from Kansas City MISSOURI which is where the CITY IS…KANSAS HAS NOTHING I MEAN NOTHING!!!!!!!…

    Posted on Sunday, October 6, 2013 at 5:36am
  79. of course so they can make them pay more taxes.

    Posted on Sunday, October 6, 2013 at 6:30am
  80. Who the hell would live in Kansas anyway. I would never live in Tornado Alley. I have enough sense to avoid any of the states up and down the middle of the country.

    Posted on Sunday, October 6, 2013 at 6:45am
  81. Why would a legally married gay couple married in a state where such marriages are legal but living in a state that has outlaws same sex marriage and/or doesn’t recognize same sex marriages legally performed in other states presume to be able to file their state taxes as a married couple? They unfortunately have no legal standing to claim any benefits of a married couple in this type of situation. Is it wrong? Yes. Is it discriminatory? Yes. But it is what it is, until comprehensive Federal equality laws are passed for this nation’s LGBTQ community. What the Feds have done regarding tax status for legally married gay couple regardless of where they live unfortunately is just that: a Federal guideline for Federal taxes; it does not impact states that have and make their own biased regulations…not yet, at least.

    Posted on Sunday, October 6, 2013 at 7:40am
  82. dumbasses

    Posted on Sunday, October 6, 2013 at 7:41am
  83. how cdoes c¥computer know if u gay llesbian

    Posted on Sunday, October 6, 2013 at 8:40am
  84. being gay lesbian is choice but not mean every state Agrees

    Posted on Sunday, October 6, 2013 at 8:43am
  85. Posted on Sunday, October 6, 2013 at 9:14am
  86. Wouldn’t expect anything else from the south. Pathetic.

    Posted on Sunday, October 6, 2013 at 11:07am
  87. What can anyone expect from a third-world state?

    Posted on Sunday, October 6, 2013 at 1:58pm
  88. What did you expect from Kansas, the state that produced the Westboro whackos?

    Posted on Sunday, October 6, 2013 at 2:07pm
  89. Lol. I’d still file jointly. Fuck them.

    Posted on Sunday, October 6, 2013 at 2:25pm
  90. Ashamed to say that is my home state

    Posted on Sunday, October 6, 2013 at 2:47pm
  91. what happens if you move from Albuquerque where same-sex marriage is legal to Wichita? Does Kansas not recognize the marriage?

    Posted on Sunday, October 6, 2013 at 2:57pm
  92. Another reason to continue the fight. This is equality?

    Posted on Sunday, October 6, 2013 at 3:29pm
  93. This is the next step for the SCOTUS. We will soon have nationally recognized marriage equality. See, all you bigoted states, this is exactly what we hoped would happen. You now truly make us disinfranchised. Something the XIV Amendment says is a no-no.

    Posted on Sunday, October 6, 2013 at 4:50pm
  94. This shouldn’t be. We are Federally recognized.

    Posted on Sunday, October 6, 2013 at 5:06pm
  95. Backwords states

    Posted on Sunday, October 6, 2013 at 5:15pm
  96. hateful, ignorant, and evil!

    Posted on Sunday, October 6, 2013 at 5:16pm
  97. Gregory P. Gallien, you are right. There needs to be a federal mandate… Until that happens, states are going to do what ever they want…

    Posted on Sunday, October 6, 2013 at 7:29pm
  98. maybe state taxes, but not federal taxes

    Posted on Sunday, October 6, 2013 at 7:59pm
  99. Posted on Sunday, October 6, 2013 at 8:55pm
  100. bigots cannot win this battle’

    Posted on Monday, October 7, 2013 at 12:38am