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Same-Sex Married Couples Present Tax Complications

Most people can just visit a tax consultant or fire up a computer to easily figure out their taxes. Married same-sex couples in California don’t have it quite that easy. Such marriages aren’t recognized by the federal government, which makes legal issues regarding them murky, to stay the least.

“So many people don’t know what the new federal tax requirements are and they affect 2010,” a tax attorney stated.

The tax attorney noted that, for the first time, registered same-sex couples in California must have a combined income on federal tax returns. This means if one partner makes $25,000 and the other $45,000, for a total of $70,000, they each have to file as if they made $35,000. The federal government does not recognize their marriage, so they have to each file $35,000 on separate federal returns.

So far, this law is only in effect in California, Nevada, and Washington, which are all states that allow for same-sex domestic partnerships and the sharing of property. There are yet to be any laws that determine how such couples are to deal with Social Security or self-employment, the tax attorney explained to NYork Family Lawyers.

One member of a same-sex relationship, an accountant herself, has no idea how the laws should work. Her partner, a schoolteacher, is similarly confused. They were married in 2008 in the brief period when such marriages were allowed. It was never easy for them to file as a couple.

“For last year’s taxes, we found a firm,” the accountant said. “We told them our situation and they said, no problem, they can do what they needed to do. And when I looked at our returns, they filed them incorrectly.”

The couple is looking for a new accountant and a new NYC Family Lawyer.

Not only taxes present difficulty for same-sex couples. The new laws clashing with old laws or laws in other states, or with federal laws create problems with name changes and even passports.

There are 18,000 couples that married in California before the voters there made same-sex marriage illegal. All of these issues will remain confused until the courts decide the final law.

Changes in law can often be confusing. Fortunately, there are NYork Family Lawyers who know the law and are able to keep up with these changes. If you or a loved one faces difficulties involving divorce, child custody, or changes in family law, your best recourse is a NYork Family Lawyer.

The firm of Stephen Bilkis & Associates with convenient locations thorughout the Metropolitan Area, including servicing Lynbrook, New York City, can be of invaluable assistance to you if you find yourself a party to a case. Facing the Court without professional representation could lead to disastrous results.

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