Same Sex Marriage IRS Implications

Posted on Aug 26, 2013

States will begin marriage equality legislation regarding consitutionality of the Defense of Marriage Act (DOMA). Same sex couples and tax advisors/accountants need to prepare themselves for possible pitfalls and complications that are lying in wait for the uninformed.

Same sex couples, although meaning a legal union at the state level, are not recognized by the federal government. This may impact their tax liability in ways not applicable to traditional heterosexual.couples.

It is clear as of now that married couples must take their marital status into account when determining their tax liability. At best, the overall picture bodes complicated and frustrating moments ahead.

Tax liabilities are a minefield as states differ in their tratment of same sex married couples because at the federal level they are unable benefit from any of the marital benefits of the US tax code.

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Travis Watkins
Senior Tax Attorney