Home ACLU: New Department of Taxation policy discriminates against LGBT Virginians
News

ACLU: New Department of Taxation policy discriminates against LGBT Virginians

Contributors

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.

gay-equalityAccording to the bulletin, the marital status of a couple for Virginia income tax purposes is historically based on whether the couple is considered married for federal income tax purposes. Citing the state constitutional amendment passed in 2006 prohibiting the recognition any marriage in Virginia other than a marriage between one man and one woman, the Department of Taxation has decided to deviate from a Sept. 16 IRS ruling that provides that “same-sex couples will be treated as married for federal tax purposes if they were legally married in a state that recognizes same-sex marriage, regardless of whether such couples lives in a jurisdiction that recognizes same-sex marriage.”

“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.

Support AFP

Contributors

Contributors

Have a guest column, letter to the editor, story idea or a news tip? Email editor Chris Graham at [email protected]. Subscribe to AFP podcasts on Apple PodcastsSpotifyPandora and YouTube.

Latest News

uva baseball aj gracia
Baseball

UVA Baseball: Deep dive into what’s wrong with the ‘Hoos

job application employment unemployment wage salary jobs
Politics

Minimum wage increase bill signed into law: Still not a living wage for most

My mother took a job making the minimum wage in 1985, $3.35 an hour – 2026 value: $10.17 an hour – and that was what she had to raise two kids on, because my father didn’t pay the court-ordered child support, because he was an ass.

melania
Politics

Melania Trump denies ties to Epstein: The bigger question – why?

Why did Team Trump trot out First Lady Melania Trump in front of the press on Thursday to get us talking again about the Epstein files?

mike johnson
Politics

House Speaker Mike Johnson headlining anti-referendum rally in Bridgewater

aaron roussell
Basketball

UVA Basketball: Who can Aaron Roussell bring with him from Richmond?

aew world champ mjf
Etc.

TNA brass pulls plug on Nic Nemeth-MJF indy match, citing ‘partner conflicts’

abigail spanberger
Politics

How Abigail Spanberger fixes her polling problem: Bombs, obviously