,,ii #aaeth ,,congress #ast ,session ,s4 #aefd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ac1 #bjag,ms4 ,warren 7for herself1 ,mr4 ,schumer1 ,mr4 ,markey1 ,mr4 ,coons1 ,mr4 ,whitehouse1 ,ms4 ,hassan1 ,ms4 ,baldwin1 ,mrs4 ,gillibrand1 ,mr4 ,merkley1 ,mr4 ,heinrich1 ,mrs4 ,feinstein1 ,mr4 ,wyden1 ,mr4 ,booker1 ,mr4 ,van ,hollen1 ,mr4 ,blumenthal1 ,mr4 ,carper1 ,mr4 ,kaine1 ,mr4 ,franken1 ,ms4 ,hirono1 ,mr4 ,leahy1 ,mr4 ,murphy1 ,mrs4 ,shaheen1 ,mr4 ,durbin1 ,mr4 ,warner1 ,mr4 ,udall1 ,mr4 ,cardin1 ,mr4 ,reed1 ,mr4 ,sanders1 ,mrs4 ,murray1 ,ms4 ,duckworth1 ,ms4 ,cantwell1 ,ms4 ,harris1 and ,ms4 ,klobuchar7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend the ,internal ,revenue ,code of #aihf to permit legally married same-sex couples to amend their filing status for returns outside the #c-year limitation4 #a4 ,short title ,this ,act may be cited as the ,refund ,equality ,act of #bjag4 #b4 ,extension of period of limitation for certain legally married couples 7a7 ,in general ,subsection 7d7 of section #feaa of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#i7 ,rules relating to certain legally married couples 7,a7 ,in general ,in the case of spouses-- 7i7 who were married under state law 7as such term is used in ,revenue ,ruling #bjac-ag7 before ,september #af1 #bjac1 and 7ii7 who were first treated as married for purposes of this title by the application of the holdings of ,revenue ,ruling #bjac-ag1 with respect to the taxable year in which the marriage was entered into and any subsequent taxable year that1 but for this paragraph1 would be outside the #c-year period of limitation prescribed in subsection 7a71 such period shall be extended until the date prescribed by law 7including extensions7 for filing the return of tax for the taxable year that includes the date of the enactment of this paragraph4 ,the preceding sentence shall apply only with respect to amendments to the return of tax1 and claims for credit or refund1 relating to a change in the marital status of such spouses4 7,b7 ,waiver of limit on amount of claim ,in the case of a claim for credit or refund which is allowed by reason of subparagraph 7,a71 the amount of the refund may exceed the portion of the tax paid within the period provided in subsection 7b77#b7 to the extent of the amount of the overpayment attributable to the change in the marital status of the spouses4 4 7b7 ,filing of joint return for prior taxable year ,section #fjac of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subsection3 7i7 ,joint return after filing separate returns for certain legally married couples 7#a7 ,in general ,if-- 7,a7 an individual has filed a separate return for a taxable year for which a joint return could have been made by the individual and the individual's spouse1 but for the fact that the spouses were first treated as married for purposes of this title by the application of the holdings of ,revenue ,ruling #bjac-ag after the filing of the return of tax for such taxable year1 and 7,b7 the time prescribed by law for filing the return for such taxable year has expired1 such individual and the individual's spouse may nevertheless make a joint return for such taxable year4 7#b7 ,rules and limitations 7,a7 ,in general ,the election provided for under paragraph 7#a7 may not be made after the later of-- 7i7 the expiration of #c years from the last date prescribed by law for filing the return for such taxable year 7determined without regard to any extension of time granted to either spouse71 or 7ii7 the date prescribed by law 7including extensions7 for filing the return of tax for the taxable year that includes the date of the enactment of this subsection4 7,b7 ,other rules ,the rules of-- 7i7 so much of subsection 7b77#a7 as follows the first sentence1 7ii7 subparagraphs 7,b71 7,c71 and 7,d7 of subsection 7b77#b71 and 7iii7 paragraphs 7#c71 7#d71 and 7#e7 of subsection 7b71 shall apply to a joint return under this subsection as if it were a joint return under subsection 7b74 4