Now is The Time for Same Sex Couples to File Protective Claims for Refunds: The Deadline Is Approaching

Tax return checkWith the United States Supreme Court determining the fate of the Defense of Marriage Act (DOMA), same sex married couples should file protective claims for federal tax refunds with the Internal Revenue Service now.

As I earlier discussed here,

If same sex marriage is recognized by the federal government, same sex couples may be eligible to file an amended return to change their filing status.   The problem is, however, that taxpayers are only permitted to amend their returns for the prior three tax years or two years since paying the tax.     For any tax returns filed outside of the limitation period, the tax payers may just be out of luck.

The deadline for filing protective claims for 2009 refunds is April 15, 2013.

No Comments Yet.

Leave a comment

We are available and prepared to address all your divorce and family questions during the coronavirus crisis. Contact us to schedule a video or telephone consultation to discuss your questions about divorce, separation, child custody or even pre-nuptial agreements In addition to providing traditional divorce and family law representation, during this crisis period, we will be focused on delivering rapid-response legal and mediation services to clients facing emergency financial and child-related issues.
Contact Us Now!
(212) 683-9551