Louisiana refuses to recognize LGBT couples”™ marriages for tax purposes because of state ban

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While several governmental institutions have announced that they will recognize LGBT couples on tax returns, Louisiana’s Department of Revenue is refusing to do so because of the state’s constitutional ban.

“Louisiana’s secretary of revenue is bound to support and uphold the Constitution and laws of the state of Louisiana, and any recognition of a same-sex filing status in Louisiana as promulgated in [the new Internal Revenue Service rule]would be a clear violation of Louisiana’s Constitution,” Revenue Secretary Tim Barfield said in a press release on September 16.

Since 2004, the state’s constitution only recognizes heterosexual marriages, stating that other marriages “shall not be valid or recognized.”

Because of the regulation, LGBT married couples are required to file a separate state return as either head of household or single and will be deprived of any tax benefits.

“The taxpayer must provide the same federal income tax information on the Louisiana State Return that would have been provided prior to the issuance [of the IRS ruling],” said Barfield.

Louisiana’s announcement follows Wisconsin’s, which announced on September 8 that it will not be recognizing LGBT married couples regarding state tax benefits.

On August 30, the Internal Revenue Service and the Treasury Department declared that all married gay couples would be recognized for federal tax purposes.

429Magazine

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