2gucci
1jesusandjohnwayne
Susie King Taylor 360x1000
Anthony McCann2 360x1000
399
11632
2paradise
3theleastofus
James Gould Cozzens 360x1000
1defense
1albion
Betty Friedan 360x1000
8albion'
5albion
1paradide
1lookingforthegoodwar
1madoff
199
2defense
6confidencegames
499
Thomas Piketty2 360x1000
Edmund Burke 360x1000
2jesusandjohnwayne
Anthony McCann1 360x1000
Learned Hand 360x1000
AlexRosenberg
14albion
1trap
Samuel Johnson 360x1000
Office of Chief Counsel 360x1000
Adam Gopnik 360x1000
Thomas Piketty3 360x1000
7confidencegames
Maurice B Foley 360x1000
Margaret Fuller5 360x1000
1confidencegames
10abion
4albion
Margaret Fuller 360x1000
4confidencegames
Storyparadox1
George M Cohan and Lerarned Hand 360x1000
7albion
Mary Ann Evans 360x1000
1lauber
Margaret Fuller4 360x1000
5confidencegames
Thomas Piketty1 360x1000
Maria Popova 360x1000
3confidencegames
George F Wil...360x1000
1falsewitness
12albion
1empireofpain
2lookingforthegoodwar
Tad Friend 360x1000
2trap
Margaret Fuller2 360x1000
9albion
11albion
Margaret Fuller3 360x1000
2confidencegames
2theleastofus
3defense
storyparadox3
1gucci
2albion
Margaret Fuller1 360x1000
6albion
storyparadox2
Ruth Bader Ginsburg 360x1000
Mark V Holmes 360x1000
1transcendentalist
299
lifeinmiddlemarch1
13albion
2falsewitness
2transadentilist
3albion
Spottswood William Robinson 360x1000
Margaret Fuller 2 360x1000
2lafayette
3paradise
Brendan Beehan 360x1000
Susie King Taylor2 360x1000
Richard Posner 360x1000
1theleasofus
Lafayette and Jefferson 360x1000
Gilgamesh 360x1000
1lafayette
Stormy Daniels 360x1000
LillianFaderman
lifeinmiddlemarch2
 

Originally published on Forbes.com Aug 29th, 2013
The IRS has announced how it will be handling same-sex marriages in light of the Supreme Court’s ruling in the Edith Windsor case.  In the Windsor decision, the Court ruled that Section 3 of the Defense of Marriage Act, which denied federal recognition to same sex marriages was unconstitutional.  There were hanging questions about how far-reaching the decision was and the Service has now outlined its position on the more pressing concerns.
A Marriage Is A Marriage Is A Marriage
If a couple is married in a jurisdiction (including a foreign country) that recognizes same-sex marriage, that marriage will be recognized for all federal tax purposes regardless of the law in the jurisdiction where they reside.  This was probably the most troubling question and LGBT advocates will probably like this answer.
A Not Marriage Is A Not Marriage Is A Not Marriage
There was some speculation that civil unions and registered domestic partnerships might be recognized as marriages for federal tax purposes.  The IRS did not go that far.  If the state where it is performed does not recognize the arrangement as a marriage, it is not a marriage for federal purposes.
Be Careful What You Wish For
There are a variety of circumstances where a couple will end up with a better tax result if they are not married than if they are.  Beginning with 2013 returns, same sex married couples will not have the option of filing as single, even if that would give them a better result.  Apparently, it is still an option for extended 2012 returns.
Get Those Refund Claims Going
The news release mentioned refund possibilities:

Generally, the statute of limitations for filing a refund claim is three years from the date the return was filed or two years from the date the tax was paid, whichever is later. As a result, refund claims can still be filed for tax years 2010, 2011, and 2012. Some taxpayers may have special circumstances (such as signing an agreement with the IRS to keep the statute of limitations open) that permit them to file refund claims for tax years 2009 and earlier.
Additionally, employees who purchased same-sex spouse health insurance coverage from their employers on an after-tax basis may treat the amounts paid for that coverage as pre-tax and excludable from income.

With respect to extended 2009 returns, remember that even though your extended due date was October 15, 2010, the statute started running when you filed.
Employers who paid social security taxes on health care benefits provided to same sex spouses of employees may also be eligible for refunds.
A Cheer And A Half For The IRS
Ignoring whether the marriage is legal in the state of residence is a big relief.  It would have been crazy making the other way.  It is too bad that civil unions will not be recognized, though.
You can follow me on twitter @peterreillycpa.