Skip to content
  • Home
  • About
Search
Close

Retirement Plan News

Plan News You Can Use

401(k) / Defined Benefit / Regulatory News

IRS Issues Guidance on Treatment of Same-sex Marriage

September 12, 2013September 19, 2013 RetirementNews

On August 29, the IRS issue important piece of guidance as relates to treatment of same-sex spouses in the wake of the June 26 Supreme Court decision which struck down the Defense of Marriage Act. One of the issues had to do with recognition of marriage, specifically how to treat a same-sex couple married in a state where same-gender marriages are recognized but residing in a state where same-sex marriage is not currently legally recognized.

Effective September 16, the state of celebration, rather than the state of residence, will be the factor in the federal recognition of same-gender marriages. Same-gender couples will be treated as married for all federal tax purposes where marriage is a factor, including estates, filing status, claiming exemptions, taking the standard deduction, contributing to an IRA and claiming tax credits. Under this guidance, qualified plans must treat a same-gender spouse as a spouse for purposes of federal tax laws if the marriage took place in one of the 13 states, the District of Columbia, or any foreign jurisdiction where same-gender marriage is currently legally recognized. Individuals within registered domestic partnerships and civil unions are not recognized as spouses, however employers are allowed to make domestic partners the default beneficiary.

Related articles
  • Ruling extends employee benefits to gay spouses (sfgate.com)
  • US to recognize all same-sex marriages for employee benefit purposes (jurist.org)
  • New Guidance on Same-Sex Marriage from DOL (lawprofessors.typepad.com)

 

Share this:

  • Twitter
  • Facebook
  • LinkedIn

Like this:

Like Loading...
Defense of Marriage Act, DOMA, Individual retirement account, Internal Revenue Service, Marriage, Same-sex marriage, Same-sex relationship, Supreme Court of the United States, United States

Post navigation

Previous Post
Working with a TPA Helps Grow Business
Next Post
Simple IRA or Simply a 401(k)? Taking the Guesswork Out of Decision

about

Recent Posts

  • Plan Sponsor Relief in the April 29 DOL Announcement
  • Consulting Through Uncertain Times: Retirement Plan Issues During COVID-19 Pandemic
  • CARES Act: Here’s What Retirement Account Provisions are in the Senate Bill
  • Retirement Plan Relief Ideas Before the Lawmakers
  • SECURE Act: Increased New Plan Startup Tax Credit & New Tax Credit for Auto-enrollment
  • What Expenses May be Paid Out of Plan Assets?
  • SECURE ACT: Key Provisions in Brief

Archives

  • May 2020
  • March 2020
  • February 2020
  • January 2020
  • August 2019
  • May 2019
  • April 2019
  • January 2019
  • September 2018
  • July 2018
  • July 2017
  • February 2017
  • December 2016
  • October 2016
  • August 2016
  • February 2016
  • December 2015
  • November 2015
  • October 2015
  • August 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • May 2013
  • April 2013
  • March 2013
  • January 2013
  • November 2012
  • October 2012
  • January 2012

Categories

  • 401(k)
  • 403(b)
  • Asset Protection
  • Business acquisition
  • CARES Act
  • Cash Balance
  • Compliance
  • Davis Bacon
  • Deadlines
  • Defined Benefit
  • Defined Contribution
  • DOL
  • FAB
  • Fiduciary
  • Form 5500
  • Income security
  • IRA
  • IRS
  • MEP
  • Owner-only Plan
  • PBGC
  • PEP
  • Plan Design
  • Plan Fees
  • Prevailing Wage
  • Regulatory News
  • Retirement Assets in Bankruptcy
  • Retirement Income
  • Retirement Practice
  • RMD
  • Roth IRA
  • Safe Harbor
  • SECURE Act
  • Self-employed
  • SIMPLE IRA
  • Solo(cb)
  • Solo(k)
  • SSA
  • Student Loans
  • Uncategorized

Meta

  • Register
  • Log in
  • Entries feed
  • Comments feed
  • WordPress.com
Blog at WordPress.com.
Back to top
  • Follow Following
    • Retirement Plan News
    • Already have a WordPress.com account? Log in now.
    • Retirement Plan News
    • Customize
    • Follow Following
    • Sign up
    • Log in
    • Copy shortlink
    • Report this content
    • View post in Reader
    • Manage subscriptions
    • Collapse this bar
%d bloggers like this: