In Honor of the 40th anniversary of the San Diego Pride Festival this weekend, I offer an update about “Financial Equality” for the LGBT community, with whom I celebrate the financial victories that have been achieved since we celebrated this festival last year.
Last year, we had 2 huge U.S. Supreme Court 6/26/13 decisions to celebrate:
- The Defense of Marriage Act (DOMA), section 3, was declared unconstitutional
- Proposition 8 defenders lacked “standing” which cleared the way for Legal Gay Marriage in CA
We also celebrated because Same-Sex Marriages (SSM) had just been allowed to resume again after a long break between 11/5/2008 through 6/27/2013.
This year, we have many reasons to celebrate, let’s call them “milestones achieved”.
We still have some mountains left to climb before the SSM “playing field” matches the “playing field “ of married opposite-sex couples.
The right to SSM is important for many reasons. For example, Wells Fargo issued a study in June 2014, in which the top 3 rights and benefits were listed for those surveyed:
- Healthcare decision making rights 61%
- Insurance and healthcare coverage 58%
- Inheritance rights 56%
Health care decision-making can affect the quality of life. Insurance, healthcare coverage, and inheritance rights, all have a significant effect on the “financial equality” of life.
These rights and many others are becoming available to those that can legally marry their same-sex partner. T
Today, SSM rights and benefits look more like a patch-work quilt across the United States as compared to those enjoyed by opposite –sex married couples who begin to enjoy their benefits, often as soon as they say, “I do”.
There has been tremendous progress and numerous changes since we celebrated San Diego Pride last year. Milestones to celebrate now include:
Same-Sex Marriage is fast becoming a reality for more people:
- 19 states & the District of Columbia have Legal Same-Sex Marriage and 31 states have Same-Sex Marriage Bans
- 12 states have had gay marriage bans overturned and appeals are in progress
- 8/29/13 All Legal Same- Sex Marriages will be recognized for federal tax purposes as per the U.S. Department of Treasury
- 9/16/13 effective date for Revenue Ruling 2013-17 which reads: “that for federal tax purposes, the Service adopts a general rule recognizing a marriage for same-sex individuals that was validly entered into a in a state whose laws authorize the marriage of two individuals of the same-sex even if the married couple is domiciled in a state that does not recognize the validity of same-sex marriages.”
- This opened the door to file original returns, amended returns, and claims for credit or refund for any overpayment of tax, provided that the applicable limitations period was still open under section 6511
- Couples can “pick and chose”, by year, which return, if any, they chose to amend, as long as the window is still open. Big return? Amend. Owe? Skip it.
- The window to amend the 2010 return, generally, expired on 4/15/14
- The 2011 1040 return can be amended until 4/15/15
- The 2012 1040 return can be amended until 4/15/16
Earlier this week, I attended an IRS DOMA seminar, which was introduced to about 300 tax professionals as “DOMA is about money, it has nothing to do with sex”.
SSM, is partially about money. The Windsor (DOMA) case was about inheritance rights between spouses.
- Federal tax law allows a deceased spouse to leave their assets, including a home, to the other spouse, without incurring estate tax. The Estate Tax Rate is 40%.
- The DOMA ruling resulted in Windsor being owed an IRS refund of $363,053 for the estate tax she had paid
The Estate Tax is a tax on your right to transfer property at your death.
- Beginning January 1, 2011, estates of decedents survived by a spouse may elect to pass any of the decedent’s unused exemption to the surviving spouse. This election is made on a timely filed estate tax return for the decedent with a surviving spouse
- 6/20/14, the Social Security Administration issued guidelines on eligibility for spouse-based retirement and survivor benefits, Medicare, and SSI benefits
- 7/16/2014, the Connecticut Supreme Court rules that a Lesbian Widow has legal rights that predate Marriage Equality in the state.
- SSM couples are unable to receive Social Security Spousal Benefits if they were married in one of the states that allow same-sex marriage but live in a restrictive state (reference Bankrate Retirement Blog 7/1/14)
- Veterans benefits also are restricted for those living in states that do not allow same sex marriage (same reference as above)
- The right to inherit pension benefits could fall under the “it depends” category. A recent 6/2/14 article about the Bayer Corporation provides some insight
- Family Medical Leave Act does not cover same-sex spouses. Some employers grant this right to their employees and kudos to them.
- Nationwide, there is not a federal law against LGBT workplace discrimination. A bill to accomplish that goal, the Employment Non-Discrimination Act, passed the Senate last year but has not yet been taken up by the House
In closing, as an American, I believe that all American’s should have the same rights and protections, under federal law. The financial “playing field” should be the same regardless of whom you love and where you live in the United States.
Discrimination should be something all citizens do not have to fear or endure.
My name is Deb Fox and I am the proud sister of two gay brothers and multiple LGBT friends. I am an advocate and an ally. I believe in equality and am trying to do my part to make a difference, here now, today, and tomorrow.
Deb Fox is working to make a difference in peoples lives, hearts, and wallets. Although she earned her CPA in 1997, she is not currently practicing as a CPA. She does use her knowledge to help others protect their financial health and is available for side-by-side, remote, or mobile appointments.