August 29, 2013 IRS Issues Guidance on Federal Recognition of Same Sex Marriage The Treasury Department has issued guidance pursuant to the Windsor

   

August 29, 2013

IRS Issues Guidance on Federal Recognition of Same Sex Marriage

The Treasury Department has issued guidance pursuant to the Windsor Decision in Revenue Ruling 2013-17. This ruling becomes effective on September 16, 2013. Following are brief highlights.

Same-sex couples legally married in recognition states will be treated as married for Treasury and IRS purposes regardless of the state of domicile. This does not apply to registered domestic partners or civil unions.

For the 2013 filing season, legally married same sex couples must file as married joint or married separate.

For the 2012 filing season (those on extension), anyone filing after September 16, 2013 must file as married joint or married separate. So those of you on extension that might owe more on a joint return, please contact us right away.

Taxpayers may voluntarily amend any prior year return for which the statute of limitations is open, generally the past three years, 2010, 2011 and 2012, and for years where a protective claim has been filed on this issue.

Amended returns can be filed for open years that reflect a married filing status to recover both income taxes on the imputed health benefit and social security tax paid on that benefit.

Employers may file amended employment tax forms for open years to claim refunds for overpaid employment taxes on imputed health benefits.

Employers can make adjustments for income tax and social security withholding from employees for the current year provided they reimburse these amounts before the end of the year.

We will follow-up shortly with a more in-depth update as soon as we review the Treasury guidance.

Lillian Gonzalez, CPA, MST, CSEP, CSRP, ADPA

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