Opportunities Presented by the Death of DOMA
The U.S. Supreme Court decision on June 26, declaring part of the federal Defense of Marriage Act (DOMA) to be unconstitutional, has far-reaching effects for a great many people. The court noted that there are more than "1,000 federal statutes and a whole realm of regulations" impacted by the decision. Not only does the decision provide income and estate tax refund and planning opportunities for same-sex married couples, but it also raises important questions for employers regarding the benefits that they offer to employees and their spouses. All in all, the death of DOMA means that attorneys can provide meaningful help to clients dealing with difficult issues.
Link to entire article is here: New York Journal Death of DOMA
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DOMA and Social Security
Here is the link to the article: http://hr.cch.com/news/uiss/070813a.asp
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DOMA is dead! Now What?
Here are a few comments about the tax impact of the DOMA decision.
We also provide a link to a discussion by Lambda Legal which examines the issues in more detail.
At this point we are waiting to see what the IRS says about how the court's decision will be implemented as there are a number of issues that will need to be resolved.
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A Taxpayer’s Guide to the Fall of DOMA
Discussed below are some of the issues that you as a same sex couple will need to consider. Every situation is different and what is a positive change for one couple could be negative for another.
Most of the changes involve future actions or results.
But there is one area where you may need to go ahead and take action before a decision on DOMA is reached:
If you can claim a refund for 2009 income or estate taxes paid, you would need to file the appropriate forms with the IRS by April 15, 2013, to preserve your right to claim that refund (Protective Claim for Refund, see below for more info). Otherwise the statute of limitations would expire and the 2009 refunds would be lost.
The important point here is that you can’t wait for DOMA to be decided (for 2009).
You have to go ahead and file the protective claim before the deadline to amend 2009.
Link to DOMA article
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