Same-Sex Marriages Enjoy Equal Tax Rights Under Some State Tax Laws, Feds Favor Opposite Sex Arrangements

ARLINGTON, Va., Nov. 15, 2010 /PRNewswire-USNewswire/ -- "Same-sex couples can legally marry in several states, and under those state laws, should enjoy all of the benefits of traditionally defined marriage, including favorable income taxation. However, at the federal level, the Defense of Marriage Act still limits favorable income tax treatment to an opposite-sex spouse," according to tax professor and BNA author Barry Kozak in Tax Issues of Same-Sex Spouses as Health & Welfare Plan Beneficiaries, a new webinar from BNA Tax & Accounting.

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The November 16th presentation focuses on the issues employers need to deal with when they allow same-sex spouses to be named as beneficiaries under the health and welfare benefit plans.

"The federal income tax rules will generally require the value of benefits for those beneficiaries to be imputed into their same-sex spouses' wages, and will be required to report that full amount on the employee's federal W-2 statement," says BNA Tax & Accounting senior tax analyst and Managing Editor Sharon Fountain. "However, the employer might be required under state law to report an alternate amount without the imputation for state income tax reporting purposes."

Same-Sex Marriages surveys the various state income tax reporting requirements and obligations placed on the employers. In 60-90 minutes, participants with a conceptual understanding and practical application of the following:

• The Federal Defense of Marriage Act
• Employer provided health and welfare benefits
• Individuals who can participate in health and welfare benefit plans
• Determination of Federal Income Taxes for the Employee
• Comparison of Reporting Compensation, Payroll Taxes and Withholding for an Opposite-Sex Spouse and a Same-Sex Spouse of an Employee if that Non-Employee Spouse is Covered Under the Employee-Spouse's Health Benefit Plan
• Hurdles with filing state income tax returns as a same-sex couple
  • States (and District) that Solemnize Same-Sex Marriages
  • States (and District) that Recognize Same-Sex Marriages Performed in Other States
  • States that Allow Civil Unions

About the Speaker

Barry Kozak is the Director of Elder Law Studies, and the Associate Director of the graduate Employee Benefits programs at The John Marshall Law School in Chicago. Barry teaches various JD, LLM and MS level classes at John Marshall in employee benefits, income tax, elder law, compensation law, workplace privacy and sexual orientation law. As an adjunct member of the faculty of DePaul University College of Law, Barry teaches employee benefits law.

Tax Issues of Same-Sex Spouses as Health & Welfare Plan Beneficiaries will take place November 16, 2010, from 12:30 pm – 2:00 pm, ET. Register for this webinar and obtain further information about CLE and CPE credits, go to http://www.bnatax.com/same-sex-health-webinar/?open&cmpid=tmtxpr2010  or call 1-800-372-1033, menu Option 6, then Option 1. The per site fee is $249.

To receive automatic, email notification of upcoming BNA webinars that may be of interest to you, go to: http://www.bna.com/emailsignup.htm

About BNA Tax & Accounting Webinars

BNA Tax & Accounting is the foremost source of tax and accounting research, news, practice tools, and guidance for tax attorneys, CPAs, corporate tax managers, estate planners, and financial accountants.  Designed for today's busy practitioners, our webinars offer the same expertise and relevance that are the hallmark of all BNA Tax & Accounting resources. In just 60-90 minutes, practitioners gain in-depth knowledge on a current tax or accounting topic from experts in that area — and benefit from practical applications that can be put to work immediately. Conference attendees have the opportunity to ask the speakers questions, and may be eligible to earn CLE or CPE credits — all from the convenience of their own office or conference room.

SOURCE BNA Tax & Accounting