The Treasury Department's August 29th decision (Rev. Rul. 2013-17) allowing married same-sex couples to file joint federal tax returns, wherever they may live in the U.S., puts an exclamation point on the Supreme Court's June 26th decision to invalidate part of the Defense of Marriage Act. United States v. Windsor, 133 S. Ct. 2675 (U.S. 2013). Treasury's ruling applies to married gay couples, but not to gay couples joined in a civil union or
Beyond its impact on the marital estate tax exemption, Windsor opened the door to joint filing federal income tax relief for many gay couples, but greater tax burdens for others, generally depending on the relative magnitude of each spouse's respective income. For those who may benefit, gay married couples may elect to amend returns going back three years to claim income tax refunds.
Regulations expected will sort out the particulars.
The ripple effects on state income tax practice dynamics will likely be complicated and take time to play out.
Details follow in related taxanalysts® Tax Notes Today news stories.
RELATED LINKS: See related news stories for more information about federal tax developments affecting same-sex married couples and registered domestic partners:
"Treasury and IRS Announce Recognition of All Legal Same-Sex Marriages," taxanalysts® Tax Notes Today, August 30, 2013
"All Legal Same-Sex Marriages Recognized for Federal Tax Purposes, IRS Rules," taxanalysts® Tax Notes Today, August 30, 2013
"IRS Releases Tax Guidance on Recognition of Legal Same-Sex Marriages," taxanalysts® Tax Notes Today, August 30, 2013
"IRS Releases FAQ on Same-Sex Couples Married Under State Law," taxanalysts® Tax Notes Today, August 30, 2013
"IRS Releases FAQ on Tax-Related Concerns for Registered Domestic Partners," taxanalysts® Tax Notes Today, August 30, 2013
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