Treasury and IRS Recognize Same-Sex Marriages for Tax Purposes

From our CPA office in St. Petersburg, FL- The Internal Revenue Service has released guidance on issuing tax refunds to same-sex married couples in the wake of the Supreme Court’s decision striking down the Defense of Marriage Act.

The Treasury Department and the Internal Revenue Service have ruled that same-sex couples, legally married in jurisdictions that recognize their marriages, will be treated as married for federal tax purposes.

The ruling applies regardless of whether the couple lives in a jurisdiction that recognizes same-sex marriage or a jurisdiction that does not recognize same-sex marriage.  The ruling implements the federal tax aspects of the June 26th Supreme Court decision invalidating a key provision of the 1996 Defense of Marriage Act and had been long-awaited by tax professionals who wanted more clarity from the IRS.

For More information please click on links provided below:

Notice 2013-61 provides guidance to employers and employees to make claims for refund or adjustments of overpayments of Federal Insurance Contributions Act, or FICA, taxes and federal income tax withholding employment taxes resulting from the Supreme Court’s decision in United States v. Windsor, and the holdings of IRS Revenue Ruling 2013-17 and Internal Revenue Bulletin 2013-38 (see Treasury and IRS Recognize Same-Sex Marriages for Tax Purposes).

WASHINGTON,D.C.(AUGUST 29, 2013)

BY MICHAEL COHN (From Accounting Today)

ANY TAX ADVICE IN THIS COMMUNICATION IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, BY A CLIENT OR ANY OTHER PERSON OR ENTITY FOR THE PURPOSE OF (i) AVOIDING PENALTIES THAT MAY BE IMPOSED ON ANY TAXPAYER OR (ii) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY MATTERS ADDRESSED HEREIN.

 

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