Following the Supreme Court’s recent overturning of the Defense of Marriage Act (DOMA), there were many questions that arose–especially with regard to Taxes.  If you were married in one state; but lived in another?  A same-sex couple lives in a state where it is legal; but, one of the couple works in a neighboring state, where it is not?  Military Couples who might be moved, from state-to-state, every few years?  The questions truly abounded.  CPAs were going back to school to get a handle on things?

Today, however, the IRS and Medicare reduced that confusion quite a bit.  They announced that a couple that is married in any one state, regardless of their domicile, would be treated as being married in every state, with regard to the IRS and Medicare.  The linked article from the Washington Post is as follows:  Also, the ruling is retroactive; so, you can amend Tax Returns from 2010, 2011 and 2012, if you wish.

This might be the fait accompli that leads to overturning laws against same-sex marriage that are still prevalent Nationwide. Remember that many employers have already afforded Health Care coverage to domestic partners.  Also, if the IRS and Medicare have so ruled, could the Social Security Administration be far behind–and, perhaps, the Federal Government in general?  The fall-out will be worth watching.


  1. #1 by chestercat1 on August 30, 2013 - 4:27 AM

    Since the military was already set to honor gay marriages, even going so far as to give leave to those service people who had to go to another state to get married, it made sense for the IRS to follow suit. I’m glad to see the Obama administration moving so quickly, and I believe you’re right, Social Security will be next. The whole house of cards should fall in short order; New Mexico and Pennsylvania, while banning gay marriage, have counties that are honoring gay unions, based generally on the Constitutions of each state that seem to trump the whims of the current legislatures.

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