Article:Same-Sex Couples Should File Protective Refund Claim

[jg]

NOVEMBER 27, 2012
BY LORI SHROUT
From http://www.accountingtoday.com/news/Sam ... 804-1.html

A recent federal appeals court decision has same-sex couples taking note. In Windsor v United States, the court allowed an estate tax marital deduction to the surviving spouse of a same-sex couple, striking down the Defense of Marriage Act definition of marriage as unconstitutional.
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With this in mind, these couples should consider filing a “Protective Claim for Refund.”

Background on the case can be found at http://www.scotusblog.com/case-files/ca ... ed-states/

[Burnaby49]

This is a very interesting topic about taxation for me since more and more countries and states are approving on same sex marriage and I really want to know more about the taxation laws apply to them. I'm new to that forum so I will really look around.

We have same-sex marriage in Canada but it generally makes little difference as far as taxes are concerned since all Candians, married or single, file separately. There are some possible tax benefits to gay marriage, such as claiming a partner as a dependant or transfering property, but they are usually relatively minor. The big gain is in work benefits like pension plans, medical plans, etc. where gay spouses now qualify to access these areas the same as traditional couples.