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But what about such couples’ recognition as married for purposes of state income taxes? Alabama Department of Revenue guidance that previously stated that same-sex couples must file as single has now been removed from the Department of Revenue site. Arkansas 2014), but the decision has been stayed pending appeal. Kansas 2014), many Kansas counties are in fact issuing marriage licenses. Both the federal and state court decisions have been stayed pending appeal.7. Tennessee 2014), but the decision has been reversed by the Sixth Circuit. In addition, a federal district court has ruled in Lawson v.
The question is of concern not only to individuals, but to their employers which must determine proper state income tax withholding. However, the Department of Revenue maintains that the guidance is still valid, but that they “took it down because it was generating more questions than it was answering.”The ban on recognition of same-sex marriage was struck down on federal Constitutional grounds in Jernigan v. The ban on recognition of same-sex marriage was also struck down on state constitutional grounds in Wright v. However, the Arkansas Supreme Court has stayed the decision pending appeal. However, the state is still refusing to recognize such marriages for any state law purposes, including taxation. Kentucky 2014), but the decision has been reversed by the Sixth Circuit. The Tennessee constitutional ban on recognizing same-sex marriages from other jurisdictions was struck down as to three couples in Tanco v. The Supreme Court has now granted certiorari in the case. Borman (Roane County Circuit Court 2014), the judge upheld the state’s ban on recognizing a same-sex marriage from another state for purposes of a divorce action.8.
Although Michigan does not have a separate rate structure for married couples, marital status is nevertheless used in determining the number of exemptions, the taxability of employer-provided health care, and the like. Both decisions have been reversed by the Sixth Circuit.