ERISA and Global Benefits
IRS and Treasury Apply “State of Celebration” Rule for Same-Sex Marriage
September 09, 2013
The Global Compensation, Benefits & ERISA Practice Group
Same sex marriage guidance is finally here, at least from a tax perspective. Just last week, the Treasury and the Internal Revenue Service issued
Here are a few key takeaways:
The Revenue Ruling significantly streamlines benefit plan administration. By permitting plans to treat all legally married couples the same, regardless of their current state of residence or work, the Revenue Ruling eliminates the need for multiple benefit administration schemes at the federal level.
The Revenue Ruling confirms that the IRS will allow taxpayers to apply the Revenue Ruling retroactively for open tax years. In other words, same sex married couples and employers can file for refunds. The IRS will issue streamlined procedures for doing so.
Now that the Government has provided some clarity regarding the treatment of same-sex marriages, employers should move ahead on needed benefit plan changes. See our Stay Current publication on August 30, 2013,