Same-sex, multiple state income tax
I am in a same-sex marriage and the following statements sum up my situation:
I personally moved to Illinois in May, my husband has lived in Illinois the entire year
My husband has worked exclusively in Illinois, I have worked exclusively in Indiana
Illinois recognizes our marriage for tax purposes, Indiana and the federal government do not
Illinois and Indiana do not have a reciprocity agreement
Now, my understanding is that I have to fill out a fake federal return saying I am married for the purposes of Illinois, and then an actual filing as single return to be sent in. I will also have to fill out a single Indiana part-year/non-resident return and can claim taxes paid to Indiana on my Illinois return, which because my husband was a full year resident and we will file as married, we will have to fill out a normal Illinois return.
Since we live in Illinois, all income will be reported to Illinois, but only my income will be reported to Indiana, correct?
So it seems to me that I need to fill out 3 1040-A (two single, one married), 1 Illinois (married), and 1 Indiana (single) and the married federal return will not be submitted. Is all of that accurate?
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I suggest you get a tax preparer who specializes in RDP/SS couples in your state. To me what you described looks accurate, but I'm in no way a professional.
Also, I suggest getting an extension until October. DOMA is going to be decided upon by the SCOTUS this summer, and by October it is likely (at least so I hope) that you'll be able to file the Federal tax return as married. That would simplify significantly your situation, as with DOMA overturned IN will be forced to recognize your marriage as well.
An update as of June 26th, 2013: The SCOTUS did in fact declare the DOMA Section 3 as unconstitutional, thus the Federal government now must follow the law of the State of your residence. However, Section 2 of DOMA, the one that allows States to ignore other States' marriage laws, was left in tact since it was not directly challenged in the litigation.
I'm sure that when it is challenged, it will be declared unconstitutional as well, but until then you may still have problems when filing tax returns in States that ban same-sex marriage and do not recognize these marriages made elsewhere. If you become a resident of such a state, you'll have problems with the Federal filings as well, as the Feds follow the law of the State of residence.
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