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The DOMA Decision: An Update

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

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The DOMA Decision: An Update

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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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