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Update on DOMA Decision: Tax, Healthcare, and Immigration Impacts

Join Charlotte Cathro, CPA, from Meyers Brothers Kalicka, P.C., for an insightful update on the implications of the DOMA decision as of January 14, 2014. This session reviews the effects on income taxes, healthcare benefits, immigration, and social security for same-sex couples recognized based on the state of celebration. Key changes include guidance from the IRS and Social Security Administration. Learn about ongoing questions regarding estate planning and the impact of property ownership in non-recognition states. Essential resources and contact details are also provided.

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Update on DOMA Decision: Tax, Healthcare, and Immigration Impacts

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  1. The DOMA Decision: An Update As of 1/14/14 Charlotte Cathro, CPA Meyers Brothers Kalicka, P.C.

  2. Your Presenter • Charlotte Cathro, CPA, Manager, Meyers Brothers Kalicka, P.C. • Member of the Massachusetts Society of Certified Public Accountants and the American Institute of Certified Public Accountants.  • B.A. in Mathematics from Brandeis University and an MSA from Suffolk University. • Board treasurer of Dakin Humane Society.

  3. Overview

  4. DOMA

  5. Discussed Effects of DOMA • Income Taxes • Health Care & Benefits • Immigration • Social Security, Medicare & Medicaid • Gift & Estate

  6. Windsor v. United States

  7. The Decision

  8. Effect of Decision - Income Taxes • August 29, 2013 – IRS issues guidance (Rev. Rul. 2013-17), same sex couples recognized, based of state of celebration • In prior practice, the IRS has used state of residence as determining factor • Amendments available for open years, but not required • Income tax analysis performed on couples to determine tax impact

  9. Effect of Decision - Health Care/Benefits

  10. Effect of Decision - Immigration

  11. Effect of Decision – Social Security, Medicare & Medicaid • Based on state of residence • August 9, 2013 SSA Commissioner announces some but not all spousal claims for social security will be processed • SSA Program Operations Manual System updated for process of approving claims • Social Security claims where living in non-recognition state are currently being held, not denied • Medicaid is a federal-state cooperative program – Per guidance SHO# 13-006, they are leaving it up to the state but encouraging recognition

  12. Effect of Decision – Gift & Estate Taxes

  13. Open Questions

  14. Estate Planning Considerations • Still not the same as opposite sex couples • Ownership of property in a non-recognition state • Contain conditional language • What if the client moves to a non-recognition state? • What if some of the open considerations change – use “if applicable”

  15. Resources • Lambda Legal Fact Sheet http://www.lambdalegal.org/publications/after-doma • IRS Revenue Ruling 2013-17 http://www.irs.gov/pub/irs-drop/rr-13-17.pdf • SSA Updates to Program Operations Manual System https://secure.ssa.gov/apps10/public/reference.nsf/links/12132013093759AM https://secure.ssa.gov/apps10/public/reference.nsf/links/12132013094242AM!opendocument&vName=instructiontypecode&catval=POMT https://secure.ssa.gov/apps10/public/reference.nsf/links/12132013094652AM!opendocument&vName=instructiontypecode&catval=POMT • Medicaid SHO # 13-006 http://www.medicaid.gov/Federal-Policy-Guidance/Downloads/SHO-13-006.pdf • DOL Technical Release No. 2013-04 http://www.dol.gov/ebsa/newsroom/tr13-04.html • DOL Wage and Hour Division Fact Sheet #28F http://www.dol.gov/whd/regs/compliance/whdfs28f.htm

  16. Contact Information Charlotte Cathro, CPA Meyers Brothers Kalicka, P.C. 330 Whitney Avenue, Suite 800 Holyoke, MA 01040 Direct: 413-322-3481 Fax: 413-322-3347 ccathro@mbkcpa.com

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