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They must use one of these filing statuses on their federal returns regardless of the state where they reside, as long as they were legally wed in a state (or the District of Columbia, a US territory, or even a foreign country) where same-sex marriage is legal.If the couple was legally married in a year prior to 2013, but did not file as married for that year, they may file an amended return to change their filing status, until the statute of limitations expires.In most cases, it is more advantageous for a married couple to file a joint tax return.Filing jointly often means a bigger tax refund or a lower tax liability. You may want to calculate your refund or balance due using both the Married Filing Jointly and Married Filing Separately filing statuses.However, there is an exception: if one spouse was a nonresident alien (or dual-status alien who was married to a U. citizen or resident alien) on December 31, the couple can to file a joint return. Legally married same-sex couples are required to file as either Married Filing Jointly or as Married Filing Separately, just as opposite-sex married couples are required to do.If a joint return is filed, the nonresident spouse will be treated as U. Due to a Treasury Department ruling on August 29, 2013, same-sex couples that have been legally married must file as Married Filing Jointly or as Married Filing Separately on their federal tax return(s).If you filed a joint return while married, and were then divorced, you are still responsible for any tax liability from the joint return.If your spouse died during the year, you are still considered married for the whole year.
Click here to chat with Java or Click here for a full-screen Java window Click here to download Java Click here to chat with Flash or Click here to chat Wii style with or w/o a Wii Click here to download Flash If you use an Apple phone or tablet, Click here, here, here and here for help with Colloquy.If you filed a joint return but you do not believe you are responsible for some of your spouse's tax liability, you should see if you qualify for Innocent Spouse Relief.If you and your spouse file as Married Filing Jointly, your tax may be lower than your combined tax would be for another filing status.You can then use the filing status that gives you and your spouse the biggest refund or the lowest tax liability.Learn about the Married Filing Separately filing status.