Tax and Immigration Implications of the Supreme Court’s DOMA Decision

By Troy Espera, ABS CBN North America Bureau

June 26, 2013

Redwood City, Calif– As soon as the marriage equality celebrations die down same sex couples may want to see their accountants and bi-national same sex couples may want to consult an immigration attorney.

The federal protections now extended to legally married same sex couples include tax benefits that could make tax season simpler for them and even a refund check from Uncle Sam.

According to the Wall Street Journal’s Market Watch, same sex couples may now file taxes jointly and possibly amend previous years’ tax returns to get bigger refunds.

Same sex couples may now share property and other assets with their partners without paying a gift tax. They may also inherit assets after the death of their partners.

Market Watch experts said couples should consult their accountants because tax relief could be limited, particularly for couples who married in a state where same sex marriage is legal, yet reside in another where it’s not.

Meanwhile, the Supreme Court ruling eases worries that immigration rights for same sex bi-national couples will be included in the immigration reform bill.

By striking down DOMA, American citizens can now sponsor their foreign born same sex partners for green cards.

Advocacy group Immigration Equality estimates there are 36,000 bi-national same sex couples living in the U.S. The law applies to legally married same-sex couples, regardless of the state they live in.

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  • kikayPang0
    27 June 2013 at 5:29 am - Reply

    Who is the most happiest people about this new ruling ?
    No other than greedy divorce lawyers …

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