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It has always been a State function to define marriage. The Internal Revenue Code is, therefore, silent on the issue. However, the Defense of Marriage Act of 1996 (PL 104-199) established the meaning of marriage, for Federal purposes, as only a legal union between one man and one woman as husband and wife. Therefore, any Internal Revenue Code references to marriage now fall under this definition, and it trumps any State changes.
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If you are married to someone from Argentina must you claim married on your income taxes?
Yes, if you earned any income in the USA. You must either file married filing joint or married filing separtely. Since you are legally married these are your only choice with the IRS tax code. Unless you are separated for the last 6 months of the year and plan not to reconcile. Then you may file Head of household if you have a minor dependent living with you for at least 6 months.
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12098
