Blumenthal, Murphy, Dozens of Members of Congress Introduce Refund Equality Act to Provide Equal Tax Treatment for Married Same-Sex Couples

[Washington, DC]-- Today, U.S. Senators Richard Blumenthal (D-Conn.) and Chris Murphy (D-Conn.) joined 71 of their congressional colleagues, led by Senator Elizabeth Warren (D-Mass.) and Representative Richard Neal (D-Mass.), in introducing the Refund Equality Act of 2017. This legislation would ensure that legally-married same-sex couples - who until the U.S. Supreme Court's 2013 Windsor decision were barred from filing federal taxes jointly - are permitted to file amended tax returns back to the date of their marriage.

“This bill addresses the effects of discriminatory policies that have denied legally married same-sex couples in Connecticut and across the country the same tax benefits enjoyed by heterosexual married couples,” said Blumenthal. “This bill offers a commonsense fix that would put money back in the pockets of married couples who were forced to file as single persons for years. I hope my colleagues can come together and recognize that no American, regardless of who they love, should be barred from claiming tax refunds that have been rightfully earned.”

“For far too long, same-sex couples in Connecticut were been forced to file their taxes as individuals, paying more taxes than they actually owed. This simple fix will give them back the tax refunds they deserve,” said Murphy.

Currently, married couples who previously filed taxes separately are permitted to file amended joint returns dating back up to three years, and the Internal Revenue Service (IRS) lacks the authority to override this limitation. As a result, same-sex couples who were married in jurisdictions recognizing same-sex marriage prior to Windsor are unable to claim refunds for years they were legally married. The Refund Equality Act would permit these couples to amend their tax returns for these years, allowing them to file jointly and to secure an estimated total of $67 million in refunds to which they are entitled.

The legislation is cosponsored by 32 senators, including Minority Leader Charles E. Schumer (D-N.Y.),  Edward J. Markey (D-Mass.), Chris Coons (D-Del), Sheldon Whitehouse (D-R.I.), Maggie Hassan (D-N.H.), Tammy Baldwin (D-Wis.), Kirsten Gillibrand (D-N.Y.), Jeff Merkley (D-Ore.), Martin Heinrich (D-N.M.), Dianne Feinstein (D-Calif.), Ron Wyden (D-Ore.), Cory Booker (D-N.J.), Chris Van Hollen (D-Md.), Tom Carper (D-Del.), Tim Kaine (D-Va.), Al Franken (D-Minn.), Mazie Hirono (D-Hawaii), Patrick Leahy (D-Vt.), Jeanne Shaheen (D-N.H.), Dick Durbin (D-Ill.), Mark Warner (D-Va.), Tom Udall (D-N.M.), Ben Cardin (D-Md.), Jack Reed (D-R.I), Bernie Sanders (I-Vt.), Patty Murray (D-Wash.), Tammy Duckworth (D-Ill.), Maria Cantwell (D-Wash.), Kamala Harris (D-Calif.), and Amy Klobuchar (D-Minn.).

Additionally, 39 members of the House of Representatives cosponsored the legislation.

A fact sheet on the legislation is available here. The bill text is available here.