On Tuesday, I wrote about the tax consequences to married same-sex couples of Utah’s decision not to recognize its same-sex marriages for the duration of the stay. The quick version is, that decision, combined with the federal government’s decision to recognize such marriages, was going to force Utah’s same-sex married couples to prepare dummy returns, substantially increasing the expense of filing their tax returns. Continue reading
On December 20, 2013, Judge Shelby of the District Court of Utah ruled that Utah’s prohibition on same-sex marriages violated the U.S. Constitution.[fn1] For various reasons, there was no stay of the decision, and approximately 1,300 same-sex couples married in Utah.
On Monday, January 6, the Supreme Court issued a stay of Judge Shelby’s decision, halting same-sex marriages at least until the 10th Circuit Court of Appeals has a chance to rule on the issue. Continue reading
In 1996, Congress passed the Defense of Marriage Act (“DOMA”). Until this year, DOMA did two significant things: it allowed states to refuse to recognize same-sex marriages performed in other states, and it prevented the federal government from recognizing same-sex marriages for any purpose. Any purpose included for tax purposes: for all federal income, gift, and estate tax purposes, same-sex spouses were treated as unrelated individuals. Continue reading