IRS Change for Filing Federal Individual Returns for Same-Sex Couples

The IRS announced on August 29, 2013 that all legal same-sex married couples will be treated as married for Federal tax purposes (including income and gift and estate taxes) as of September 16, 2013.

The ruling contained in IRS Revenue Ruling 2013-17 implements the Federal tax aspects of the June 26, 2013 Supreme Court decision invalidating a key provision of the 1996 Defense of Marriage Act.

The new rule applies to legally married same sex couples regardless of whether they reside in a State that recognizes same-sex marriage or in a State that does not recognize the validity of same-sex marriages.

It does not apply to registered domestic partnerships, civil unions, or similar formal relationships recognized under state law.

For 2013 and beyond, same sex married couples must file their individual Federal return using either a filing status of married filing jointly or married filing separately. For 2012, this applies only if their original return for 2012 was filed on or after September 16, 2013. If the 2012 return was filed before September 16, 2013, they may choose (but are not required) to amend their 2012 Federal return.

This ruling is also retroactive to any prior open tax years if they were legally married during those years. As a result, they may file an amended return for Tax Years 2010, 2011, or 2012.

This ruling does not affect how a State individual return is filed if the State does not recognize the validity of same-sex marriages. We will continue to provide updates as more information on what filing status is available to same-sex married couples for State individual returns is released.

For more information see the following on the IRS website:

• IRS Announcement of August 29, 2013
• IRS Revenue Ruling 2013-17
• FAQs for Same-Sex Couples
• FAQs for Registered Domestic Partners and Individuals in Civil Unions

IRS Update: 2012 Health Insurance Rebates for Individuals

If you have customers that paid for their own insurance in 2011, they may be affected by a provision in the Affordable Care Act that requires health insurance companies to issue rebates to their customers. The rebates are required to be issued if health insurance companies do not spend a minimum specified percentage of their premium dollars on medical care and quality improvement activities. This is known as the Medical Loss Ratio standard. Read more

The Medical Loss Ratio provisions require insurance companies to spend at least 80% or 85% of premium dollars on medical care. If they fail to meet these standards they are required to provide a rebate to their customers starting in 2012. Read more

A taxpayer who received a rebate on their individual health insurance during 2012 may have to show the rebate amount as income on their 2012 Federal income tax return. The rebate will need to be reported as income if the taxpayer received a tax benefit on their 2011 Federal return because they included those insurance payments:

• In their total medical expenses reported on Schedule A; or
• As a deduction on Form 1040, line 29 for self-employed health insurance premiums.

Click here to read the entire CrossLink Tax Update about 2012 health insurance rebates for individuals.

Last Day to e-File Tax Year 2011 Returns

This is a reminder that the IRS will be shutting down the e-File system this Friday, October 19, 2012.In order to ensure that you receive your acknowledgement by Friday, be sure that you transmit any remaining Tax Year 2011 returns by tomorrow, October 18.

Any Tax Year 2011 returns that are not e-Filed by October 18 will be refused by Central Site and will need to be filed by paper for the remainder of 2012.