Archive for Friday, October 4, 2013

Brownback administration won’t treat same-sex married couples the same for tax purposes

October 4, 2013


— Same-sex couples who were legally married elsewhere but live in Kansas won't be treated as equals to opposite-sex couples for state tax purposes, Gov. Sam Brownback's administration declared today.

The decision drew a protest from a leading gay rights organization in Kansas.

"We insist that the Brownback administration immediately rescind this discriminatory directive, and treat gay and lesbian taxpayers with the same fairness every other Kansan is treated," said Thomas Witt, executive director of Equality Kansas.

The Kansas Department of Revenue has instructed same-sex couples to use the single filing status when filing state income tax returns next year. This will require same-sex married couples to do more paperwork and pay more taxes.

For same-sex couples filing as married for the first time at the federal level, the Revenue Department will provide a worksheet in the Kansas instruction booklet for calculating the income, deductions, and credit data to enter on each person's Kansas return, the department said.

In June, the U.S. Supreme Court ruled that legal marriages of same-sex couples must be recognized by the federal government, including couples who presently live in states, including Kansas, that ban gay marriage.

Thirteen states and the District of Columbia permit same-sex couples to marry.

Following that ruling, the Internal Revenue Service issued directives that legally married couples, same-sex or opposite sex, are to file their federal income taxes as married regardless of where they live. But the decision left it up to states on how to treat same-sex couples on state taxes.

Witt said the requirement from the Revenue Department wasn't fair.

"According to Kansas law, married couples are to use their Federal filing status as the basis for their Kansas taxes, but now, legally married gay and lesbian couples are being told to ignore the law and fill out separate forms that apply only to them," Witt said.

The Revenue Department said the approach it has put in place is recommended by the Federation of Tax Administrators, adheres to the Kansas Constitution's definition of marriage as being between one man and one woman, and complies with the Supreme Court's decision.


Fred Whitehead Jr. 6 months, 2 weeks ago

And Grand Dear Leader of Kansas continues to rail against the gay community and show his incredibly ignorant stance. Just like the idiots that voted for him.


JayhawkFan1985 6 months, 2 weeks ago

Yep, the GOP is the party of fiscal responsibility except when they pass laws in Kansas or take administrative actions like this when they know with 100% certainty that it will result in a lawsuit they will lose and cost Kansas taxpayers millions of dollars.


JayhawkFan1985 6 months, 2 weeks ago

Yep, the GOP is the law and order party...except when they don't like the law. Then they advise people to break it. This is just one example. Advising people to not sign up for health insurance through is another.


JayhawkFan1985 6 months, 2 weeks ago

Yep, the GOP is for getting the government out of our lives...unless they don't like what we are doing. Then they try to impose their views on the rest of us in a George Orwell sort of way. Btw, I'm a man married to a woman.


Beth Ennis 6 months, 2 weeks ago

thinking more about this, I don't know how this is going to work. If a gay couple files jointly with their federal taxes, then most of the figures for the state tax forms are pulled straight from the federal form. How is that going to work? Also, we all know this will be challenged in court, so we all know this is going to cost Kansas a bundle in defending one or multiple law suits. I hope all of Brownie's supporters are happy about the waste in money that state doesn't have to begin with.


oletimer 6 months, 2 weeks ago

this is about the only thing brownyback has gotten right his whole term. One man and One Woman. What is so hard to understand about this people?


Larry Moss 6 months, 2 weeks ago

I might suggest and I know it's a crazy idea. But, why not just go to that State that married you and live there. Surely it better than not getting a few extra bucks on a tax return, right?


6 months, 2 weeks ago

@beebo. True, The Guv is following Kansas "marriage" law. However, he refuses to allow discussion of anything in contravention with his theology and dogma.

Kansas used to be progressive. You remember ... votes for women, free speech, anti-slavery and other such things like that. Now, you even mention something like that and The Guv's black helicopter starts circling your home and one of his black SUVs sits at your curb with a directional microphone aimed at your home..

I agree that couples should follow Kansas law to file their taxes. Then, each one of them bring a law suit against the state so The Guv's Inquisition will have to spend a lot of the Koch's money defending the inequity.


beebo 6 months, 2 weeks ago

If you don't like the law, then rally to change it. The Governor is just following the current law.


Fred Whitehead Jr. 6 months, 2 weeks ago

And what would you expect from the righteous, religious republican Reich in Cedercrest?

As long as the Koch Regime continues to be in control, Kansas will continue to behave as the prejudiced, bigoted, 19th century style "government".


flloyd 6 months, 2 weeks ago

It's Adam and Eve...not Adam and Steve.


yourworstnightmare 6 months, 2 weeks ago

"According to Kansas law, married couples are to use their Federal filing status as the basis for their Kansas taxes..."

More evidence that the law must bend to Brownback's ideology.

Brownback does not respect the law when it is not in line with his religious ideology. He would rather have a nation not based on the rule of law but on the rule of men and their ideologies.


weeslicket 6 months, 2 weeks ago

"Some of you are hybrid socialists/communists and expect everyone to pay your way."

so, paying one's taxes is expecting everyone else to pay one's way, and also makes one a hybrid socialist/communist. got it.


Pork_Ribs 6 months, 2 weeks ago

Nice headline. Where in the article does it show how they "won't treat same-sex married couples the same"? Sounds like they're treating them the illegitimate. Some of you are hybrid socialists/communists and expect everyone to pay your way. You elect officials to reflect those views. Brownback is religious. He's also pretty bright. Like the Kansans that elected him. If you show him an apple and an orange and you tell him they are the same...he's going to argue with you.


irtnog2001 6 months, 2 weeks ago

I think it is tine to remove all legal benefits and/or disadvantages of marriage from both a state and federal standpoint. Make it strictly a religious non-civil law institution.


beebo 6 months, 2 weeks ago

It is factually incorrect to state that every couple will pay more tax. Most will pay less filing as single status. If Scott had done his homework, he would have known this. Unfortunately this doesn't fit his narrative.


FarleyM 6 months, 2 weeks ago

I wish I was treated tax wise the same as same-sex legally married out of state people. Do you posters realize the tax disadvantages of couples living together not married? Tax advantages, as in not being forced to give your money to the government.

Brownback has just given them, and only them, a favorable treatment. Which is discrimination in my book.


Joe Hyde 6 months, 2 weeks ago

This decision by the Brownback administration also means that same-sex Kansas couples won't view Republican "conservatives" favorably for voting purposes.


Steven Gaudreau 6 months, 2 weeks ago

Wow! I would love to hire private snoopers to delve into the closets of all of these morality police in Topeka judging how we live our private lives and see what we find behind their closed doors! Those who judge the most do so to over compensate for their own guilt and fear. Every time I engage a homophobe who attacks gays because it is a sin in God's eyes, one thing I like to ask them is: If you died and your child had to go to one of two homes a) a hetro couple who are abusive, unemployed drug addicts or b) a gay couple who are both doctors, which one would you choose? When you play the God card, remember, it is not your job to judge others. I do not recall the teachings of Jesus to include persecution and attacking sinners. As I recall, Jesus washed the feet of sinners.


Paul R Getto 6 months, 2 weeks ago

The Klown car is spilling out again on Topeka.


question4u 6 months, 2 weeks ago

Kansas isn't a place where laws of the United States should apply. Too many Kansans don't like the United States or all that equality stuff. If you recognize gay and lesbian marriages for tax purposes pretty soon you'll have justice breaking out, and Kansas as we know it might be a thing of the past. No, Sam's definitely right. Kansas shouldn't be a part of the United States.


Keith 6 months, 2 weeks ago

File as married and take them to court. If enough couples do that they'd be busy for a while. Not to mention they'd have to legally defend the indefensible.


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