Married - PostOp - Joint Tax Return?

[JennX]

I've got a question for those postop MTFs that are married to a biological male currently. Do you file joint tax returns with the IRS or individual returns?

The reason I ask is... this same question was addressed on another forum and the consensus was that even though you might have changed your gender marker, name, and received a new social security card with the new info... the IRS and SSA still will have you listed as a male in their system. Always and forever. The IRS and SSA never truly change your gender marker except on documents. They never change your birth gender in their system, despite whatever your SS card may say. And since same-sex married couples can not file a joint return, a married postop MTF would not be able to either.

So... any postop MTFs who are married to biological males after transitioning care to comment?

[kariann330]

Why would it matter if the gender marker was updated? If it wasn't what's to say they didn't go to Canada or any of the states that legalized same sex marriage and got married before her operations? I say there are too many variables to consider for the IRS to consider....especially with how much hot water they are in right now for singling out conservative organizations.

[JennX]

Why would it matter if the gender marker was updated? If it wasn't what's to say they didn't go to Canada or any of the states that legalized same sex marriage and got married before her operations? I say there are too many variables to consider for the IRS to consider....especially with how much hot water they are in right now for singling out conservative organizations.

Because the Federal Government (IRS) doesn't recognize same sex marriages. Period. It doesn't matter in whichever state the marriage was performed... where it is legal or not.

[Jamie D]

If you are still legally married, then you can file jointly.  You are still using the same social security number, and have filed as married before, right?

A problem pops up if you are registered domestic partners.  The IRS does not recognize them as married.

[kariann330]

Because the Federal Government (IRS) doesn't recognize same sex marriages. Period. It doesn't matter in whichever state the marriage was performed... where it is legal or not.

Eh i guess fixing that will be the one GOOD thing Odummer will attempt to do while in office....unless he is impeached first (fingers crossed on the impeachment)

[JennX]

If you are still legally married, then you can file jointly.  You are still using the same social security number, and have filed as married before, right?

A problem pops up if you are registered domestic partners.  The IRS does not recognize them as married.

Correct. If you have your SRS and stay married to the same person... You can continue to file jointly.

[JennX]

Eh i guess fixing that will be the one GOOD thing Odummer will attempt to do while in office....unless he is impeached first (fingers crossed on the impeachment)

Lets not get political and stay on-topic. I really need an answer and don't want this thread to get locked, moved, etc.

[LordKAT]

If you filed jointly before, you can continue to do so.

[Shantel]

Being legally married, having a monthly social security check, VA check, checks from two retirement plans and then this business about IRS and joint incomes was one of the many hurtles I didn't want to go over when I was considering SRS, I thought let's leave well enough alone and not open that bag of worms. Wish I had an answer for you Jenn, but you can call the IRS fifty times and each time you get a different agent all of whom have a different answer. I don't think they know the right answer themselves.

[JennX]

Wish I had an answer for you Jenn, but you can call the IRS fifty times and each time you get a different agent all of whom have a different answer. I don't think they know the right answer themselves.

This seems to be the case. You hit the nail on the head. It depends on who you talk to and their opinions. There are no IRS laws currently on the books "officially defining" if this is a go or no go.

I'm talking to 2 different tax attorneys today, so I'll report back later.

[kyh]

Yep, sorry I still call him my bf out of habit.

Congratulations!!!!!!!! ^_^

and sorry for that thread derail. hahaha

[JennX]

Well... After talking to 2 different tax lawyers and $500.00 later... there are no laws on the books regarding any IRS policy or rule to prohibit joint filing in this circumstance. If the state in which you live recognizes your marriage as legal and as between one male and one female (cis-trans-other notwithstanding) you should be able to file jointly. Especially if all your ID documents have been changed as well. Neither lawyer I spoke to ever heard of or dealt with any married trans-cis couple filing jointly before, but... they also both said there shouldn't be an issue, and if the return was denied or rejected, we'd have one heck of a grounds for an appeal.

[Shantel]

Well... After talking to 2 different tax lawyers and $500.00 later... there are no laws on the books regarding any IRS policy or rule to prohibit joint filing in this circumstance. If the state in which you live recognizes your marriage as legal and as between one male and one female (cis-trans-other notwithstanding) you should be able to file jointly. Especially if all your ID documents have been changed as well. Neither lawyer I spoke to ever heard of or dealt with any married trans-cis couple filing jointly before, but... they also both said there shouldn't be an issue, and if the return was denied or rejected, we'd have one heck of a grounds for an appeal.

Good detective work Jenn, thanks for the info!

[ToriJo]

A lot of states haven't really ruled on whether a post-op person is the new or old sex for purposes of marriage.  And I would think the determination of sex could likely fall to the state...

I think right now the answer is: nobody knows, but soon it won't be an issue (hopefully).

FWIW, I file married-filing-jointly.  Note that if me and my wife filed "single", but we're married, that too is illegal.  So we're all just kind of stuck in limbo as collateral damage in the battle against gay marriage.

[Jamie D]

This seems to be the case. You hit the nail on the head. It depends on who you talk to and their opinions. There are no IRS laws currently on the books "officially defining" if this is a go or no go.

I'm talking to 2 different tax attorneys today, so I'll report back later.

Good plan!