The Supreme Court ruling in
favor of same-sex marriage is a hot topic at the forefront of everyone’s minds.
How will the recent Supreme Court ruling in
favor of same-sex marriage affect taxes? Does this ruling affect you?
|
Cathy A. Robinson, CPA
Senior Manager |
Since the June 26th ruling, individuals
will see a change to tax filing requirements at the state level.
Before the decision was made, same-sex couples
were able to file joint returns at the federal level. However, there was a catch to this method: most
states did not recognize same-sex couples, and they were required to file
individually or as head of household.
With the new ruling, there will be a streamlined process
using the same filing status at the state returns. States will also
begin to issue tax guidance on how same-sex couples can file their returns. In
fact, Sen. Ron Wyden, a Democrat from Oregon and a member of the Senate Finance
Committee, plans to introduce legislation this week that will provide gender
neutrality for spouses. This bill will be called the Marriage Equality for All
Taxpayers Act and would eliminate gender-specific references in the current tax
code.
Tax guidelines are also expected to change to include treating
all same-sex couples equally in regards to estate tax and other inheritance
issues as married couples.
Under federal tax regulations, couples who live in states
that currently do not recognize same-sex marriages will be now be able to:
·
Make unlimited gifts to one another without gift
tax implications
·
Leave property to one another without survivor having to pay estate taxes
·
Leave IRA to surviving spouse as a "rollover" IRA
·
Be able to qualify as surviving spouse with Social Security benefits