The Refund Equality Act, which was originally introduced in 2017, would allow LGBT couples who were married prior to the 2013 Supreme Court strike-down of the Defense of Marriage Act in U.S. v. Windsor to amend tax returns from the time that they were married. Prior to 2013, 10 states had legalized same-sex marriage, but were required to file their federal taxes as individuals.
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Following the 2013 Supreme Court's decision, married same sex couples from those 10 states were permitted to change their previous tax returns from individual to joint, which entitled them to some federal tax relief. However, the tax return amendments were only permitted for the previous three years. The Refund Equality Act would remove those time limits.
Senior Political Correspondent David Drucker on the expanded Washington Examiner magazine
According to a report released this week from the Joint Committee on Taxation, same sex couples married prior to 2013 could potentially be eligible for $57 million if permitted to file jointly from the time they were married.