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Tax Sept 2013 - "Same-Sex Marriage Can Be Taxing"

Tax Sept 2013 - "Same-Sex Marriage Can Be Taxing"

Tax Sept 2013 - "Same-Sex Marriage Can Be Taxing"

Excerpt


Same-Sex Marriage Can Be Taxing



In the case Windsor vs. U.S., the Supreme Court struck down the main provision in the Defense of Marriage Act (DOMA) that defined marriage for federal purposes as between a man and women. Generally, the Windsor case was not viewed as a tax case; however, there are profound and far-reaching tax consequences of this ruling. The Supreme Court’s decision now requires the federal government to treat same-sex couples the same as married heterosexual couples if they are legally married in one of the states that permits same-sex marriage. Many questions still remain unanswered, such as how to resolve conflicts between state laws and to what extent these changes will be applied retroactively. There are a number of clear and present issues that impact tax law right now.


 


 



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