Mistakenly filing as "married, separately" may result in loss of certain tax breaks. All these workarounds for same-sex couples would become moot if DOMA is overturned, either legislatively or by the Supreme Court. But for gay and lesbian couples the benefits for the partner are taxed at the federal level as wage income. And with more states, notably New York, legalizing same-sex marriage, that number is rising.
Taxes and the Supreme Court's Same Sex Marriage Ruling
Married couples with similar incomes who file jointly will likely not see much difference in the amount they pay. Ask our tax expert , who will be answering questions from same-sex couples throughout the week. The Kentucky constitutional ban on same-sex marriages was struck down in Love v. A visit to this site or an exchange of information through this site does not create an attorney-client relationship. This means that employers must adjust state tax reporting and withholding for all employees in same-sex marriages who live in states that did not previously recognize their marriages. The Lousisian constitutional ban on same-sex marriages was upheld in Robicheaux v.
LGBT couples may be making this mistake on their tax returns
Different federal agencies take differing approaches after Windsor. But because the Internal Revenue Service did not recognize that joint state filing, they had to do added work to complete their state returns. For couples who are currently unmarried, it would make sense to review all the tax benefits and drawbacks of getting married before you do so.
Himes S. Ohio Rev. See next articles. Their liability may actually go up once they tie the knot. Before DOMA was invalidated, for example, when an employee covered a same-sex spouse on workplace health insurance, it was a taxable event to the partner who provided the coverage. Next post free milfs impregnated by black videos