THE co-authors of DC Comics’ “Batwoman,” J.H. Williams and Haden Blackman, have declared that they are leaving the title after the publisher “prohibited” Batwoman’s marriage to her girlfriend, Maggie Sawyer. Although this romance won’t be blooming in the comic-books, there is good news for the same-sex-marriage community. The IRS just ruled that same-sex couples, legally married in jurisdictions that recognize their marriages, will be treated as married for federal income tax purposes. Although the Supreme Court held the Defense of Marriage Act (“DOMA”) to be unconstitutional back in June, it’s been unsettled whether same-sex couples would receive tax benefits in States that did not recognize their marriage. On August 29th, the IRS and Department of Treasury ruled that same-sex couples that were married in jurisdictions that recognize their marriages, will be treated as married for federal tax purposes in ALL States, including those that do not recognize same-sex marraiges. For a refresher on some of these benefits, click here.
Furthermore, same-sex couples can file a refund claim for 2010, 2011 and 2012 if they were legally married in those tax years. To file a refund claim for income taxes, taxpayers should use a Form 1040X; for estate and gift tax purposes, they should file a Form 843. If you are in a state, such as Florida, that does not recognize same-sex marriage, but you were married in a state that does recognize it – be sure to contact an estate planning attorney to ensure that you receive the full benefits of the this ruling, as it pertains to gift and estate taxes!
Keep in mind, however, this ruling does not apply to registered domestic partnerships, civil unions, or similar formal relationships recognized under state law – marriage alone!
While Batwoman and Maggie Sawyer won’t be reaping the benefits of the Supreme Court Decision, coupled with this latest Revenue Ruling; those who are are in legally binding same-sex marriages can look forward to tax-saving benefits of saying “I do.”
For more information on successful Florida estate planning and asset protection techniques, please contact the South Florida law firm of Wild Felice & Partners, P.A. at 954-944-2855 to schedule your free consultation.
It’s a Wild world. Are you protected?SM