A Nov. 8 Virginia Department of Taxation bulletin concerning treatment of legally married same-sex couples and their employers under Virginia’s tax laws is coming under fire from the ACLU of Virginia.

“Accordingly, same-sex married couples who file federal income tax returns jointly, or as married taxpayers filing separately, will be required to file their Virginia income tax returns as single individuals,” according to the Nov. 8 Virginia Department of Taxation bulletin.
“This bulletin reaffirms the Commonwealth’s ongoing hostility toward gay, lesbian, bisexual, and transgender (LGBT) Virginians, including legally married same-sex couples,” said Claire Guthrie Gastañaga, executive director of the ACLU of Virginia.
“Instead of embracing the U.S. Supreme Court decision that found the Defense of Marriage Act unconstitutional, Virginia has signaled its continued opposition to basic fairness by singling out same-sex married couples for discriminatory treatment under state tax laws. The tax department’s ruling, which includes no citations to the authority under which it was issued, is inconsistent with federal income tax laws and is in conflict with the state law that requires conformity with federal rules,” Gastañaga said.
“The tax department’s ruling doubles down on its discriminatory stance toward LGBT Virginians by also penalizing private Virginia businesses that abide by federal tax rules that allow employers the ability to claim a federal tax deduction for fringe benefits to employees’ same-sex spouses and dependents. Under the new policy announced by the tax department, Virginia businesses that utilize the federal tax deduction must adjust their state tax filings to reflect the Commonwealth’s refusal to recognize legally married same-sex couples,” Gastañaga said.