RICHMOND, Va. — The state of Virginia has released new tax guidelines for legally married same-sex couples, establishing what is being called some of the most complicated and harshest policies by any state tax department against same-sex couples.
According to the Virginia Taxation Department guidelines, the state will not accept any jointly filed forms for same-sex couples legally married in other states, nor will it allow businesses to take deductions provided by the federal government for providing benefits for same-sex spouses.
“Virginia has by far the most hateful and stringent guidelines for married same-sex couples,” said Kate Fletcher, a local tax attorney and LGBT advocate. “Far more than any other non-recognition state.”
Fletcher described some of the ways the new code will affect same-sex couples in Virginia. If you have student loan interest deductions if you file single, you might not qualify because you make too much. But if you aggregate between you and your spouse, with one high earner and one low earner, you might qualify. But when you go to file at the state level, you have to back out that deduction, according to Fletcher.