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FAQ: Are scholarships/tuition aid packages taxable?

If one of your children received a full scholarship for all expenses to attend college this year, you may be wondering if this amount must be reported on his or her income tax return. If certain conditions are met, and the funds are used specifically for certain types of expenses, your child does not have to report the scholarship as income.

Qualified educational institution

Any amount received as a “qualified scholarship” or fellowship is not required to be reported as income if your child is a candidate for a degree at an educational institution.  For the college that your child attends to be treated as an educational organization, it must (1) be an institution that has as its primary function the presentation of formal instruction, (2) normally maintain a regular faculty and curriculum, and (3) have a regularly enrolled body of students in attendance at the place where the educational activities are regularly carried on.  Your child has received a qualified scholarship if he or she can establish, that in accordance with the conditions of the scholarship, the funds received were used for qualified tuition and related expenses. Therefore, the entire amount is generally taxable if your child is not a candidate for a degree. Athletic scholarships are also tax-free if they meet the above-mentioned requirements.

Qualified tuition and expenses

Qualified tuition and related expenses include tuition and fees required for enrollment or attendance at the educational institution, as well as any fees, books, supplies, and equipment required for courses of instruction at the educational institution.  To be treated as related expenses, the fees, books supplies, and equipment must be required of all students in the particular course of instruction.  Incidental expenses, such as expenses for room and board, travel, research, equipment, and other expenses that are not required for either enrollment or attendance at the educational institution are not treated as related expenses. Any amounts that are used for room, board and other incidental expenses are not excluded from income.

Example. Assume this year your son received a scholarship in the amount of $20,000 to pay for expenses at a qualified educational institution.  His expenses included $12,000 for tuition; $1,100 for books; $900 for lab supplies and fees; and $6,000 for food, housing, clothing, laundry, and other living expenses.
The $14,000 that your son paid for tuition, books and lab supplies and fees is considered to be qualified educational expenses and therefore would not have to be reported as income.  The $6,000 that he spent on housing and the other living expenses is considered to be incidental expenses and would have to be reported in his income.

A note on student loans. “Financial aid” in the form of student loans is not counted as a scholarship. However, student loans are not included in income, generally, and student loan interest can be deducted up to $2,500 a year. If a student loan is partly or wholly forgiven, however, the amount forgiven by the lender is included in income unless specific exceptions apply.

Reduced tuition

If you or your spouse is or was an employee of the school, your child may be entitled to reduced tuition. If so, the amount of the reduction is not taxable as long as the tuition is not for education at the graduate level.

There can be all sorts of complicating factors in assessing whether a particular scholarship will be taxed, such as the treatment of work-study scholarships, educational sabbaticals, scholarships paid by an employer, and stipends to cover the tax on the non-tuition portion of attending a university.  If you need additional assistance in determining the taxability of scholarships funds, please contact our office.

IRS issues final information reporting rules for credit card transactions

The IRS issued final regulations for information reporting for credit card transactions. The rules apply to other payment cards, such as debit cards and gift cards (referred to as stored-value cards). A 2008 law requires credit card companies and electronic payment processors to file reports for their total annual payments, from all transactions, made to individual merchants, if the merchant receives more than $20,000 and conducts more than 200 transactions each year. The law applies beginning in 2011.

The regulations describe when reporting is required for prepaid telephone cards, transit cards, mall cards, and other types of cards. The law does not apply to cash advances or to convenience checks issued to cardholders. The application of the reporting rules to electronic checks, bill paying services and other electronic products depends on the facts and circumstances. The IRS did not exempt private label cards.

The company or processor must report the gross amount of payments. This is the total dollar amount of reportable transactions without adjustments for credits, discounts, refunds or any other amounts. A payment made in foreign currency must be converted into U.S. dollars on the date of the transaction at the “spot” rate.

The required information must be reported on Form 1099-K, Merchant Card and Third-Party Payments. The first forms must be filed with the IRS and furnished to merchants in early 2012. The IRS has posted a draft of the form on its website.

The regulations also provide relief from duplicate reporting, expand penalty provisions for reporting failures, and apply the backup withholding rules to reportable amounts.

Pension plans can claim funding relief after filing Form 5500

Defined benefit pension plans that intend to seek funding relief under a recent tax law should not delay filing the annual information return required for the plan (Form 5500, Annual Return/Report of Employee Benefit Plan), the IRS advised in recent guidance. Employers and plans will not be harmed by filing their Form 5500 on time, even though they will not yet have an opportunity to claim relief.

Form 5500 is generally due at the end of the seventh month following the end of the plan year. For calendar year plans, the filing deadline for the 2009 Form 5500 was August 2, 2010, the first weekday after July 31 (the end of the seventh month). Many plans apply for a 2 ½ month extension to file their form, which the IRS generally grants. Form 5500 includes information on the funding status of the plan.

Congress provided funding relief in the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 (2010 PRA Act, P.L. 111-192), enacted June 25, 2010. The law provides relief, for up to two years, from tighter funding requirements enacted by Congress in 2006 for underfunded plans. The IRS has not yet issued guidance on how plans can claim relief.

Defined benefit pension plans have annual funding requirements, to pay for current benefits and for the costs of projected benefits. As plans became underfunded, Congress tightened the funding requirements, beginning with 2008 plan years. The 2010 PRA Act provides relief by giving plans longer payment periods over which they can make up shortages in required funding. The IRS relief applies to both single-employer and multiemployer plans and assures the plans that will be entitled to elect relief for particular plan years (such as 2008 or 2009) even if they have already filed Form 5500 for that year.

 

Congress faces historic tax law decisions in fall session

Congress returns to work in mid-September to a full agenda of tax legislation, dominated by the fast-approaching expiration of the 2001 individual marginal income tax rate reductions. Predicting when Congress will act on the rate cuts or any legislation is nearly impossible. House Democrats, who have already passed a number of tax bills, appear to be allowing the Senate to take the lead in the weeks preceding the November elections. The uncertainty over the fate of many tax provisions makes year-end tax planning more important than ever.

Individual tax rates

For many taxpayers, the greatest uncertainty is over the fate of the 2001 individual income tax rate reductions. After December 31, 2010, the individual marginal income tax rates for all taxpayers will rise when the reduced rates expire. President Obama has asked Congress to extend all of the 2001 individual marginal income tax reductions except for the top two rates.

Change is coming regardless of whether Congress approves the president’s proposal or allows the reduced rates to expire entirely. The likely prospect of higher income tax rates significantly impacts tax planning for individuals and business owners.

Individuals may benefit from many traditional planning techniques. Individuals expecting to be in a higher tax rate in a future year because of higher income levels may want take into account the timing of income or deductible expenses in one tax year or another. An individual may find that accelerating income into 2010, so it is taxed at a lower rate, may be advantageous. You may be able to accelerate payments due to you. Another strategy may be to take withdrawals from retirement savings, either as part of a Roth IRA conversion plan or otherwise, to accelerate income into 2010. Similarly, deferring deductions into 2011 may help offset income that is expected to be taxed at a higher rate. You may consider holding off on a charitable contribution until 2011. Our office can help you design a strategy that works best for you.

Individuals in the highest tax brackets also should consider the likely reinstatement of the limitation on itemized deductions. For 2010 - and 2010 only - the limitation on itemized deductions for higher income taxpayers is completely repealed. The provision limits the total amount of otherwise allowable itemized deductions for higher income taxpayers. President Obama has asked Congress to allow the limitation on itemized deductions to return but to modify it for 2011 and beyond.

Capital gains/dividends

Also expiring after December 31, 2010 are reduced capital gains and dividends tax rates. For 2010, the maximum capital gains and dividends tax rate is 15 percent (zero percent for taxpayers in the 10 and 15 percent brackets). President Obama has asked Congress to impose a 20 percent capital gains and dividends tax rate on higher-income individuals for 2011 and beyond. All other taxpayers would pay capital gains and dividends taxes of 15 percent unless they qualify for the zero percent tax rate. Generally, the 20 percent tax rate would apply to individuals with incomes over $200,000 and married couples filing a joint return with incomes over $250,000.

Small business

The House and Senate have tried several times this year to send a small business tax relief bill to the White House but have failed. House-passed bills stalled in the Senate. The stalemate in the Senate may break this fall because lawmakers are eager to show voters they support “jobs” bills.

Some of the small business tax relief measures that enjoy bipartisan support are:

–Expansion of the small business stock exclusion to 100 percent; –Reform of the Code Sec. 6707A penalties for reportable transactions; –An increase in the deduction for qualified start-up expenses; –Enhanced Code Sec. 179 expensing; and –Bonus depreciation.

Homebuyers

The popular first-time homebuyer tax credit (and the reduced credit for long-time residents) has expired. The credit was popular because Congress made it fully refundable and certain lenders allowed purchasers to monetize the credit toward a down payment. Recent reports about sales of new homes reaching record lows may encourage Congress to consider extending the incentive. However, Congress must find a way to pay for the credit if it decides to extend it.

Estate tax

Nine years ago, Congress repealed the federal estate tax. Because of budget concerns, Congress delayed full repeal until 2010. For individuals dying in 2010, the traditional stepped-up basis rules are replaced with a modified carryover basis regime. Again, because of budget concerns, full repeal expires after December 31, 2010. If Congress takes no action on the estate tax before year-end, the exemption level will be $1 million in 2011 and the maximum estate tax rate will be 55 percent.

The House has approved legislation to make permanent the estate tax rules as they were in 2009. The House bill has languished in the Senate over not only its cost but also concerns over whether to make it retroactive to January 1, 2010. Some states have already passed bills to protect older wills based on formula dispositions, which may not have anticipated repeal of the estate tax in 2010.

Extenders

A package of tax extenders has stalled in the Senate and is unlikely to pass as a single bill because of its price tag. Instead, Democratic leaders in the Senate have indicated that they may enact some of the extenders in other bills, especially the extenders that have support from both parties. House Democrats would prefer the Senate keep the extenders in one bill but will likely acquiesce in enacting some of the extenders rather than none.

Among the extenders that enjoy bipartisan support are:

–Research tax credit; –State and local sales tax deduction; –Teachers’ classroom expense deduction; –Higher education tuition deduction; and –Energy incentives for consumers.

Offsets

Congress must find offsets to pay for any tax cuts and its options are dwindling. Two House-approved revenue raisers, a change in the tax treatment of carried interest and the imposition of self-employment taxes on service S corps, died in the Senate and are unlikely to be revived. Less controversial are reforms to grantor retained annuity trusts (GRATs) and the cellulosic biofuel credit. Congress could also abolish the Code Sec. 199 production activities deduction and raise taxes on oil and gas producers.

Lawmakers have a short window in which to try to pass critical tax bills before year-end. Our office will keep you posted of developments. Please contact our office if you have any questions.

 

September 2010 tax compliance calendar

 

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important tax reporting and filing data for individuals, businesses and other taxpayers for the month of September 2010.

September 1

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates August 25-27.

September 3

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates August 28-31.

September 9

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates September 1-3.

September 10

Employees who work for tips. Employees who received $20 or more in tips during August must report them to their employer using Form 4070.

September 15

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates September 8-10.

Monthly depositors. Monthly depositors must deposit employment taxes for payments in August.

September 17

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates September 11-14.

September 22

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates September 15-17.

September 24

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates September 18-21.

September 29

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates September 22-24.

New law extends homebuyer credit closing deadline to September 30

On July 2, 2010, President Obama signed the Homebuyer Assistance and Improvement Act of 2010 (2010 Homebuyer Act) into law. The new law extends the June 30, 2010 closing deadline to September 30, 2010 for Code Sec. 36 homebuyer tax credit claims on purchases under contract by April 30, 2010, that initially had set a closing date on or before June 30, 2010. Immediately following enactment, the IRS issued guidance announcing the extension and reviewing the special filing and documentation procedures for the credit. It also updated Form 5405, First-Time Homebuyer Credit and Repayment of the Credit, and its accompanying Instructions to reflect the 2010 Homebuyer Improvement Act.

The House Ways and Means Committee estimated that approximately 180,000 new homeowners would benefit from the extension. Congressional leaders pointed out that the extension was only fair to prospective homeowners meeting the qualifying April 30, 2010 deadline for a binding sales contract only to be stymied, through no fault of their own, by financial red tape from mortgage lenders and guarantors from meeting what initially appeared to be a more-than-generous June 30 closing deadline.

A revival of the general homebuyer credit until year-end 2010 has been discussed in Congress to help the still-struggling housing market. Nevertheless, Congress is unlikely to follow through due to rising concern over the federal deficit.

Deducting receivables as bad business debts

While the economy continues to slowly recover, many businesses continue to face customers struggling to pay outstanding bills for services or goods. The Tax Code provides relief to businesses faced with the inability to collect on accounts receivable. Businesses that are unable to get customers to pay the bill can claim a deduction for the “bad debt.” Business bad debt deduction

Taxpayers may deduct any business receivable that becomes totally or partially worthless during the tax year under Tax Code Sec. 166(a). However, the business bad debt deduction is limited to the taxpayer’s adjusted basis in the receivable.

The deduction allowed for bad debts is an ordinary deduction. To claim the deduction, you must establish that the debt is genuine and that the amount cannot be recovered from the debtor. You must also make a reasonable attempt to collect the debt (however, you do not have to turn the debt over to a collection agency or file a lawsuit in an attempt to collect on the debt if doing so has little probability of success). The law requires most taxpayers to use the specific charge-off method of accounting for bad debts. Under the specific charge-off method, the taxpayer must specifically identify the accounts or notes charged off as partially or completely worthless (it is also referred to as the direct write-off method).

If you meet these conditions, you can take the deduction in the year in which the debts became worthless. This includes certain previous years since, for some debts, worthlessness may not be immediately apparent. You can deduct a bad debt before the debt is due if you can establish the partial or complete worthlessness of the debt.

Partially worthless. If you failed to claim the bad debt deduction for a receivable that became partially worthless in a prior tax year, you have until the later of (1) three years after you file the tax return (including extensions) or (2) two years from the time you paid the tax to file an amended return and deduct the bad debt.

Totally worthless. If you failed to claim a deduction for a receivable that became completely worthless in a previous tax year, you have until the later of (1) seven years after the due date of the tax return (not including extensions) or (2) two years from the time you paid the tax to file an amended return and claim a deduction for the worthless receivable.

Cash basis taxpayers

Cash basis taxpayers cannot claim a bad debt deduction for accounts receivable that are not collectible. However, notes received by a cash basis taxpayer in the ordinary course of business are treated as the equivalent of cash to the extent of the note’s fair market value (FMV) at the time received. Thus, the initial basis in such a note is its FMV. Cash basis taxpayers may claim a bad debt deduction for uncollectible notes receivable if they have included the FMV of the notes in gross income.

Accrual and hybrid taxpayers

Accrual basis taxpayers may claim a bad debt deduction for accounts receivable that become partially or completely worthless during the tax year. Accrual basis taxpayers must include the face value of a note receivable in gross income if a reasonable expectancy of collection exists at the time it is received. Taxpayers that use a hybrid method of accounting may deduct bad debts if they have included the revenue from the receivable in gross income.

Reporting

For self-employed taxpayers, the bad business debt deduction is reported on Schedule C, Profit or Loss from Business (Sole Proprietorship), or Schedule F (Profit or Loss from Farming (for self-employed farmers)). Corporations report bad debts on Line 15 of Form 1120, U.S. Corporation Income Tax Return. S corporations report bad debts on Line 10 of Form 1120S, U.S. Income Tax Return for an S Corporation. Partnerships report bad debts on Line 12 of Form 1065, U.S. Return of Partnership Income.

Recovering bad debts

If you recover a bad debt during the year, the amount recovered is gross income to the extent that you claimed the deduction for the bad debt in a previous tax year, reducing your taxable income. This is called the tax benefit rule. The bad debt you recovered may not be offset against the bad debt deduction for the tax year of the recovery.

 

August 2010 tax compliance calendar

 

As an individual or business, it is your responsibility to be aware of and to meet your tax filing/reporting deadlines. This calendar summarizes important tax reporting and filing data for individuals, businesses and other taxpayers for the month of August 2010.

August 4

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates July 28-30.

August 6

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates July 31-August 3.

August 10

Employees who work for tips. Employees who received $20 or more in tips during July must report them to their employer using Form 4070.

August 11

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates August 4-6.

August 13

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates August 7-10.

August 15

Monthly depositors. Monthly depositors must deposit employment taxes for payments in July.

August 18

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates August 11-13.

August 20

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates August 14-17.

August 25

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates August 18-20.

August 27

Employers. Semi-weekly depositors must deposit employment taxes for payroll dates August 21-24.

How do I…Set up a retirement plan for employees of my small business?

 

Many small employers want to offer their employees the opportunity to save for retirement but are unsure of how to go about setting up a retirement plan. In this article, we’ll explore three options that are widely used by small businesses: payroll deduction IRAs, SEP plans, and SIMPLE IRAs.

Payroll deduction IRAs

Many small employers find a payroll deduction IRA very attractive because it allows them to offer their employees a retirement savings vehicle at little cost. A business of any size, even self-employed individuals, can establish a payroll deduction IRA. Under a payroll deduction IRA, only your employees make contributions to an IRA. Your responsibility as an employer is simply to transmit the employee’s authorized deduction to the financial institution that maintains the IRA.

The IRA is set up with a financial institution, such as a bank, mutual fund or insurance company. You can limit the number of IRA providers to as few as one. The employee establishes a traditional IRA or a Roth IRA (based on the employee’s eligibility and personal choice) with the financial institution and authorizes the payroll deductions. As the employer, you withhold the payroll deduction amounts authorized by your employees and send the funds to the financial institution.

An employee’s decision to participate in a payroll deduction IRA is entirely voluntarily. If an employee decides to participate, he or she can only contribute up to a certain amount to the payroll deduction IRA every year. For 2010, the contribution limit is $5,000. An employee age 50 or older may make an additional “catch-up” contribution of $1,000 for a yearly total of $6,000. Every employee who participates is 100 percent vested in the contributions to their payroll deduction IRA.

Let’s look at an example of a payroll deduction IRA:

Aidan’s employer offers its employees the opportunity to have deductions taken from their paychecks to contribute to IRAs that the employees have set up for themselves. Aidan signs up for the program and has $100 from his $1,000 bi-weekly paycheck deposited into his IRA for a yearly total of $2,600. At the end of the year, Aidan’s employer would report the full $26,000 he earned on his Form W-2 and Aidan would add the $2,600 to any other IRA contributions he made during the year for Form 1040 deduction purposes.

The costs of a payroll deduction IRA are low. Moreover, payroll deduction IRAs are not subject to the often complex filing, documentation and administration requirements that are imposed on other employer-sponsored retirement arrangements, such as 401(k) plans.

SEP plans

“SEP” stands for “Simplified Employee Pension” plan. While there are filing, administration and documentation requirements for SEP plans, the goal of an SEP plan is to keep these as simple as possible. The IRS has created, for example, model SEP language for plan documents.

An SEP plan is similar to a payroll deduction IRA. Under an SEP plan, employers make contributions to traditional IRAs set up for employees (including self-employed individuals). An SEP-IRA is funded solely by employer contributions whereas a payroll deduction IRA is funded solely by employee contributions.

As the employer, you must select the financial institution for your SEP. This decision must be made carefully because you and the financial institution will very work closely to administer the plan. After you send the SEP contributions to the financial institution, the financial institution will manage the funds. Depending on the financial institution, SEP contributions can be invested in individual stocks, mutual funds, and other similar types of investments.

Federal law requires you and the trustee to keep employees informed about the administration and health of the SEP. Employees must be provided with plan documents, an annual statement that reports the fair market value of each employee’s account and a copy of an annual statement that is filed by the financial institution with the IRS. Like a payroll deduction IRA, each employee is 100 percent vested in his or her SEP-IRA.

Generally, the annual contributions an employer makes to an employee’s SEP-IRA cannot exceed the lesser of:

– 25 percent of compensation,or
– $49,000 for 2010.

Generally, contributions are not required to be made every year to an SEP. In years that contributions are made to an SEP, they must be made to the SEP-IRAs of all eligible employees.  Contributions to an SEP-IRA must be made in cash; property cannot be contributed to an SEP-IRA. Special rules apply if you, as the employer, also contribute to a 401(k) or similar plan on the employee’s behalf.

All eligible employees must be allowed to participate. An eligible employee is any employee who is at least age 21 and has worked for you in at least three of the immediate past five years.

To encourage employers to establish SEPs, the government offers a tax credit. You may be eligible for a tax credit of up to $500 for each of the first three years for the cost of starting the SEP.

SIMPLE IRAs

A “SIMPLE IRA” is a Savings Incentive Match Plan for Employees IRA. Like an SEP plan, a SIMPLE IRA is intended to be easily created and administrated.

A SIMPLE IRA is funded both by employer and employee contributions. As the employer, you can choose either to (1) match the contributions of employees who decide to participate or (2) contribute a fixed percentage of all eligible employees’ pay. Under option (2), which is known as the nonelective contribution formula, even if an eligible employee does not contribute to his or her SIMPLE IRA, you must make a contribution to the employee’s SIMPLE IRA equal to a fixed percent of the employee’s salary. Each employee is 100 percent vested in his or her SIMPLE IRA.

While similar to a payroll deduction IRA, a SIMPLE IRA has additional requirements. One important requirement is the number of employees. Generally, your business must have 100 or fewer employees to be eligible for a SIMPLE IRA.

Let’s look at an example of a SIMPLE IRA. In this example, the employer matches the employee contributions of employees who decide to participate.

Allison’s employer has established a SIMPLE IRA plan for its employees. The employer will match its employees’ contributions dollar-for-dollar up to three percent of each employee’s salary. If an employee does not contribute to his or her SIMPLE IRA, then that employee does not receive a matching employer contribution. Allison decides to contribute five percent ($2,500) of her annual salary of $50,000 to a SIMPLE IRA. The employer’s matching is $1,500 (three percent of $50,000). Therefore, the total contribution to Allison’s SIMPLE IRA that year is $4,000.

There are contribution limits for SIMPLE IRAs. For employees, the annual contribution limit is $11,500 in 2010. Employees age 50 and older may make additional catch-up contributions of $2,500 in 2010.

The SIMPLE IRA contribution for the employer is dependent upon which contribution formula you select. If you decide to make matching contributions, only eligible employees who have elected to make contributions will receive an employer contribution. If you decide to make a nonelective contribution, each eligible employee must receive a contribution regardless of whether the employee makes contributions.

As with an SEP plan, a SIMPLE IRA creates a relationship between you and the financial institution that manages the funds. SIMPLE IRA plan contributions can be invested in individual stocks, mutual funds and similar types of investments. Each participating employee must receive an annual statement indicating the amount contributed to his or her SIMPLE IRA for the year.

As with SEP plans, you may be eligible for a tax credit to help you offset start-up costs. The tax credit can reach up to $500 per year for each of the first three years for the cost of starting a SIMPLE IRA plan.

We’ve covered a lot of material about retirement plans for small businesses. There are more detailed requirements, especially for SEP plans and SIMPLE IRAs, which we can discuss in depth. Please contact our office to set up an appointment to explore these and other retirement arrangements for small businesses.

District court holds same-sex married partners qualify for joint return filing

Last month, a U.S. district court found that Section 3 of the Defense of Marriage Act of 1996 (DOMA) violates the equal protection provision of the Fifth Amendment’s due process clause. The court found no rational basis for denying federal benefits to same-sex couples. As a result, the court ruled that the litigants were allowed to file a federal joint return rather than each filing as single.

Background

The taxpayers, a group of same-sex couples legally married in the state of Massachusetts, filed suit for the right to file their federal income taxes jointly, among access to other rights afforded to married couples under federal law. (Filing a federal joint return generally results in lower taxes than filing separately or as head of household). The taxpayers asserted that the federal government’s use of DOMA to determine eligibility for federal marriage-based benefits, such as federal employee health insurance and joint tax return filing, is unconstitutional.

Court’s holding

In finding that DOMA bears no rational relationship to a legitimate government objective, the court struck down Congress’s asserted reasons for enacting DOMA - to encourage responsible procreation, defend traditional marriage and morality, and conserve limited resources.

The court also found that Congress has no interest in DOMA’s aim: to ensure consistent distribution of federal marriage-based benefits. Further, the court determined that DOMA does not provide for nationwide consistency in the distribution of federal benefits among married couples. The states alone have the right to establish eligibility requirements as to familial relationships and the federal government cannot have a legitimate reason in disregarding those family status determinations, the court held.

Comment. The government has not yet announced its plans for an appeal or any request for a stay, nor has the IRS indicated how it would handle refund claims based on the court’s decision. It also presently remains unknown as to what consequences the district court’s decision may ultimately have beyond the right to file joint federal income tax returns.

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