Show your PRIDE: Tax Planning for Same-Sex Couples

Same-sex couples who are married have the same legal rights, for tax purposes, that opposite-sex couples do: The U.S. Supreme Court, in United States v. Windsor, saw to that: United States v. Windsor, 570 U.S. 744 (2013). The succeeding case on LGBTQ rights, Obergefell v. Hodges, held that same-sex couples have the constitutional right to marry under the Fourteenth Amendment Due Process and Equal Protection Clauses: Obergefell v. Hodges, 135 S. Ct. 2584 (2015). There’s more to learn, particularly in estate planning for same-sex couples.

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Related Content

• Marital Deduction
  Learn how, in  Revenue Ruling 2013-17, the U.S. Department of the Treasury and the Internal Revenue Service (IRS) ruled that same-sex couples, legally married in jurisdictions that recognize their marriages (as they must), will be treated as married for federal tax purposes. 

• Domestic Partner Health Benefits
  Discover how the Human Rights Campaign has required employers to offer domestic partner benefits to both same-sex and opposite-sex couples for employers to score 100% on the Corporate Equality Index (see 2021 results). Offering same-sex and opposite-sex domestic partner benefits may not only help an employer obtain a 100% score on the Corporate Equality Index, but it also may make it easier to hire younger workers and older workers who do not want to give up Social Security survivor benefits.

• LGBTQ Survey
  Learn that many states do not offer LGBTQ protections by referencing this survey of state laws regarding employment discrimination based on sexual orientation, gender identity, or gender expression.

Practical Guidance Updates

Featuring the latest updates from your Practical Guidance account.  

• Tax Key Legal Developments Tracker (Federal)
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  • Employment/Employee Benefits. IRS publishes rates and terminal charges for noncommercial flights. For purposes of the taxation of fringe benefits under I, provides a rule for valuing noncommercial flights on employer-provided aircraft.  Rul. 2021-11; 2021-24 IRB 1200 Treas. Reg. § 1.61-21(g) provides a rule for valuing noncommercial flights on employer-provided aircraft. Rev. Rul. 2021-11; 2021-24 IRB 1200
  • International Tax. IRS announces that Treasury intends to amend regulations under R.C. §§ 59A and 6038A to defer the applicability date of certain provisions of the regulations relating to the reporting of section 59A qualified derivative payments (i.e., base erosion or BEAT) until taxable years beginning on or after January 1, 2023. I.R.S. Notice 2021-36.

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