The National LGBT Bar Association, BNY Mellon and White & Case LLP, have launched a first of its kind Online LGBT Tax Resource at LGBTBar.org/tax, to help same-sex couples and their tax advisors navigate state tax laws.
The resource is a tool for tax preparers and payers, providing a state-by-state list of reporting regulations for LGBT couples. Tax law remains a complex issue affecting the LGBT community, especially in states where couples are not allowed to file married tax returns.
Following the Supreme Court’s decision invalidating the federal Defense of Marriage Act, couples are now eligible to file married federal returns.
In 33 states, however, those same couples cannot file joint state returns.
In response, the Online LGBT Tax Resource was developed to ensure families are equipped with the most up-to-date tax information for their home state.
“The end of the federal Defense of Marriage Act was a giant step forward for couples, but state laws continue to legally discriminate against many families,” said D’Arcy Kemnitz, executive director of The LGBT Bar. “The Online LGBT Tax Resource unveiled today will ensure couples can maximize state tax laws, and the repeal of DOMA, as they navigate what is often a very confusing area for LGBT families. The Resource is designed to ensure they, and their tax preparers and attorneys, have reliable, trustworthy information.”
Information provided on the site includes:
• A recap of states’ rules concerning same-sex marriage and the impact on state income tax in clear and concise language
• Individual state guidance for married same-sex taxpayers
• Information on litigation, and legislation, that could impact LGBT tax law; and
• Up-to-date information from states’ departments of revenue, and state constitutions.
“In states that don’t recognize same-sex marriage, same-sex couples and their tax preparers are struggling to make sense of how to apply the federal tax guidelines based on the ruling last year that the Defense of Marriage Act was unconstitutional,” said John Lillis, a tax partner with White & Case, who worked on the project pro bono.
He said the database “is an important tool to help tax preparers and same-sex couples navigate the inconsistent rule that applies to state income tax laws.”
“Working collaboratively with the LGBT Bar Association, Pro Bono lawyers from BNY Mellon and White & Case have created an online resource to help same-sex couples reduce the complexity of tax laws,” said Deborah Kaye, BYN Mellon’s managing director and senior managing counsel. “BNY Mellon’s pro bono team reflects our uncompromising commitment to diversity and inclusion as a core business issue.”
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