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senate Bill S. 1940

Should Same-Sex Couples Be Able to Receive Retroactive Federal Tax Refunds Dating Back to Their Marriage Date?

Argument in favor

Same-sex couples in certain states that legalized same-sex marriage early, such as Massachusetts, were forced to file separate tax returns for nearly a decade and should have access to retroactive refunds.

burrkitty's Opinion
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11/08/2019
You betcha! Retroactive tax refunds exist for others, so absolutely.
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jimK's Opinion
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11/08/2019
While I am personally not a 'fan' of same sex marriages, I am also not a 'fan' of penalizing anyone for having different life-styles or life-views than I have. All people, even those who I may be uncomfortable with, deserve the same rights and privileges granted to any others, including the right to pay taxes in the same way any other legally married couples do- and to be retroactively recompensed when those rights were abused by government policies. My personal biases are simply irrelevant and overridden by my strong belief that all people need to be treated equitably. … … … I do try to overcome my biases which are not necessarily logical nor proper and I like to think that I have- but I have to admit that I still have some. … … … If my personal 'biases' were at all relevant or pertinent, I would primarily have to focus on diminishing the rights of all those easily fooled lemmings marching lock-step following their leader in the parade of trump's cult of followers.
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Cyndi's Opinion
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11/08/2019
Stop marginalizing the LGBTQ community! They deserve equal treatment under the law.
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Argument opposed

Same-sex couples shouldn’t be able to retroactively claim tax refunds from years before the Supreme Court’s decision when they filed individual tax returns.

David's Opinion
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11/08/2019
We as tax payers should not be held accountable for laws that never existed in the past!
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JTJ's Opinion
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11/08/2019
Refund me the Obamacare penalties I’ve paid every year.
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J's Opinion
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11/08/2019
Should taxpayers get refunded for having to pay unlawful Obamacare penalties? Should taxpayers have to pay back prior SALT deductions? This question is stupid.
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bill Progress


  • Not enacted
    The President has not signed this bill
  • The house has not voted
  • The senate has not voted
      senate Committees
      Committee on Finance
    IntroducedJune 20th, 2019
    You betcha! Retroactive tax refunds exist for others, so absolutely.
    Like (77)
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    We as tax payers should not be held accountable for laws that never existed in the past!
    Like (53)
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    While I am personally not a 'fan' of same sex marriages, I am also not a 'fan' of penalizing anyone for having different life-styles or life-views than I have. All people, even those who I may be uncomfortable with, deserve the same rights and privileges granted to any others, including the right to pay taxes in the same way any other legally married couples do- and to be retroactively recompensed when those rights were abused by government policies. My personal biases are simply irrelevant and overridden by my strong belief that all people need to be treated equitably. … … … I do try to overcome my biases which are not necessarily logical nor proper and I like to think that I have- but I have to admit that I still have some. … … … If my personal 'biases' were at all relevant or pertinent, I would primarily have to focus on diminishing the rights of all those easily fooled lemmings marching lock-step following their leader in the parade of trump's cult of followers.
    Like (64)
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    Stop marginalizing the LGBTQ community! They deserve equal treatment under the law.
    Like (60)
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    Refund me the Obamacare penalties I’ve paid every year.
    Like (31)
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    This is more straightforward if you see “marriage” as simply a legal relationship between adults. Notice I didn’t qualify the adults as “currently living”, “two”, or include genders. Feel free to add qualifications in your personal lives, but keep the law uncomplicated.
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    Should taxpayers get refunded for having to pay unlawful Obamacare penalties? Should taxpayers have to pay back prior SALT deductions? This question is stupid.
    Like (25)
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    YUP!!!
    Like (24)
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    Yes. End of story and discussion
    Like (18)
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    As much as you’d like to make this move for “fairness“ and “equality“, it would set a horrible precedent, and possibly open the floodgates for every new law that the government passes and lots of old laws that affect citizens in a financial way to be challenged and retroactively re-paid for. What about people who had kids before the childhood tax credit, or people who took out student loans when interest rates were high and repayment was enforced in full? Laws take effect when they take effect, and we cannot start pretending that they took effect years before.
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    Absolutely yes.
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    No. For example, the solar credit will be gone next year and regardless of government issues (permits etc) if you don’t make it you can’t backdate it
    Like (16)
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    State and federal laws are different areas of jurisdiction, firstly. Second, to set a precedent that if a state changes a law before the federal government does than the federal government can take retroactive action is dangerous. We do not release people from prison for breaking laws that were changed when they get changed because it has nothing to do with the fact that a law was broken at the time it was in effect.
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    Yes. Same sex couples should be treated like everyone else.
    Like (11)
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    Why can’t I have the money back that I was forced to pay through illegal taxation per Obamas asinine individual mandate?
    Like (9)
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    Yes. They are tax payers like all other Americans. Those obsessed by the private, personal lives of Americans and how they can legislate their moral agenda to disrupt lives need to address their own humanity.
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    Common sense to help people receive tax relief after years of paying rates due to a discriminatory system.
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    Yes, Federal Tax refunds should be retroactive to any homosexual couples’ wedding date, just as it would be for any other heterosexual couple.
    Like (8)
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    They were aware of tax laws. That didn’t stop them getting married. Live under the law
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    DO NOT CHANGE THE DEFINITION OF MARRIAGE! Since the beginning of time, it was defined by God as a Covenant between a man and a woman. Gay “couples” do not marry, they only commit sodomy. Their actions are an abomination in Gods eyes!
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