J
JAZZGASM
Guest
My answers
to the first question: nobody has any problems with extending those benefits, rights, privileges, whatever to same-sex couples
to the second question: if they move to a state that does not allow/endorse gay marriage (or whatever you choose to call it) they should keep the federal benefits. Benefits granted by the state might be treated differently if the federal government allows this to stay a "states' rights" issue.
Exactly. If a same-sex couple gets married in a state that allows it, the federal government will recognize it. (including the same-sex marriages that occurred in Utah). As of now, States that do not allow same-sex marriage are not forced to recognize these marriages for state purposes.
But a State will need to make changes to actively avoid affording same-sex couples these same benefits. For example, if a state (we'll use Indiana or Utah) doesn't allow same-sex marriage, but a same-sex couple legally married in California moves to Indiana or Utah. On their state tax return, (TC-40 in Utah IT-40 in Indiana) you put in your adjusted gross income. These couples would put in their AGI from being married. Unless Utah amends their returns/instructions to have an add back, then for tax purposes, the Federal AGI will govern on the state return. I deal with these issue with clients across the country.
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