Thursday, August 29, 2013

Recognition of Same-Sex Marriages for Federal Tax Purposes

As a follow-up to the overruling of the Defense of Marriage Act (DOMA), the Internal Revenue Service recently released IR-2013-72 which announced the U.S. Department of Treasury and IRS will recognize same-sex marriages and treat the couples as married for federal tax purposes.  Revenue Ruling 2013-17 applied regardless of whether the couple lives where same-sex marriages may or may not be recognized.

According to the Treasury and the IRS, additional guidance for employers will be forthcoming.  Employers can expect guidance for filing refund claims for payroll taxes on previously taxed health insurance and fringe benefits provided to same-sex spouses.  Other agencies may release similar guidance affected by the Internal Revenue Code.

Key points on the ruling may be found at the IRS website.

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