Colorado Senators back bill to refund taxes for same-sex married couples denied joint filing

WASHINGTON D.C. (KRDO) -- U.S. Senators John Hickenlooper and Michael Bennet join 43 of their Senate colleagues to reintroduce the Refund Equality Act, which would allow retroactive refunds for same-sex married couples who were previously denied the opportunity to file jointly.

According to the Senators, the act would allow same-sex couples who were married in jurisdictions that recognized same-sex marriage before 2013 to file income tax adjustments for the years they were denied joint filing during their marriage.

“Who you love shouldn’t determine how you’re taxed,” said Hickenlooper. “Legally married same-sex couples deserve the tax refunds they were denied because of outdated laws.”

According to a 2021 estimate by the Joint Committee on Taxation, this bill would return $55 million in refunds to taxpayers whose marriages were denied benefits.

“As we celebrate the LGBTQ+ community during Pride Month, we also must continue working to achieve equality for all – that includes writing a fairer tax code that does not discriminate based on who you love,” said Bennet. “These bills are important steps forward to update our tax system and build an economy that works for everyone.”

Additional changes the act would provide, according to the Senators:

• Create exceptions for two tax code limitations: which gives married couples three years to begin filing jointly after their most recent separate returns, and to the section that requires a claim for tax credits or refunds to be filed within three years of the initial return 

• Create exemptions, including adjustments to capital loss carryback and adjustments for retired service members who receive an award of disability compensation.

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