U.S. Tax Law Now Applies to Homosexual Spouses

An IRS tax lawyer can now help homosexual  couples who married after the supreme court ruling on DOMA on June 27th this past year. The laws and their application for taxes have changed dramatically in the last few years. Hiring a tax lawyer can help individuals write a will or investigate any concerns regarding how these income laws affect their new marriage. Tax law influences retirement accounts and health benefits. Couples with unequal benefits are expect to receive bonuses from the US tax code if married, but those with relatively equal incomes will pay more.

One of the most important parts of this tax law is that married couples are more easily able to inherit money tax-free. Before the DOMA ruling, if the same-sex spouse did not work for the same employer, all of the assets were taxable after their partner’s death. This has been a problem for gay couples who envied the tax privileges of heterosexual couples. The extension of this tax law is a great step forward in equalizing gay marriage in the United States.

In 2013, the 130,000 same-sex couples currently married in the United States must file jointly or separately. Returns filed as long as three years ago can be refunded , so contacting an IRS audit attorney can help gay couples receive appropriate compensation. The IRS is gracious enough to not require same-sex couples to re-file if it would end up costing them more.

This new federal law creates tension with states who don’t yet recognize gay marriage. Before DOMA, gay couples couple file jointly only if the state recognized their marriage. Now, same-sex couples can file jointly on a federal level, but it creates a hectic problem if they move to a state that doesn’t recognize their marriage.

Same-sex couples can also receive care in the same nursing homes as their spouses because of the DOMA ruling. Imagine having to spend the rest of your days away from your spouse because your Medicare won’t allow you to stay in the same home. The DOMA ruling gives gay couples the right to stay together, even in their most vulnerable stages in life. Without the ruling, couples didn’t always have access to this basic right in their old age, forcing them to stay apart.

Gay couples that filed for extensions in 2012 can now take advantage of all the tax benefits marriage has to offer. If you have recently married a homosexual partner, consult an IRS lawyer and find out if you qualify for any tax adjustments.


Guest post is provided by the Law Offices of Jeffrey B. Kahn, P.C., providing services as a tax lawyer in San Jose. Visit the website at www.khantaxlaw.com for more information.