If you’re in a same-sex marriage and want to know exactly what federal benefits you are now entitled to thanks to a recent Supreme Court decision, contact a tax attorney.
On June 26th, 2013 the United States Supreme Court broke ground for same-sex couples and same-sex marriages around the country by striking down the Defense of Marriage Act (DOMA). In the process of this ruling hundreds of thousands of same-sex marriages in 13 states (now including California) gained access to federal benefits formally only given to opposite-sex marriages.
This huge decision, while moving towards equality, have made the IRS lawyer scramble to set rules for amending prior years’ returns. They must make tough decisions such as whether to recognize the marriages of taxpayers whose home states do not consider the unions legal. However, if you are a member of a same-sex marriage in Washington D.C., California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New york, Rhode Island, Vermont, or Washington(state), the pathway for you is clear. You will now be filed and treated by the IRS just like they have treated heterosexual couples.
In fact, for some same-sex marriages, a refund will be waiting for you. Because same-sex marriages no longer have to file under single status to the IRS, they can now file jointly as married, and save a lot in Federal income taxes. Same-sex couples who have had to file as single can go back two (and some cases three) years, and get a refund of the overpaid tax.
Guest post is provided by the Law Offices of Jeffrey B. Kahn, P.C., a trusted tax attorney & will lawyer firm in California. View the website for more details.