Supreme Court’s DOMA decision lets same-sex spouses take full advantage of tax breaks for homeowners

Real Estate Tax Talk

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As you doubtless know if you've paid any attention to the news, the United States Supreme Court's decision in United States v. Windsor struck down the portion of the Defense of Marriage Act (DOMA) that required that same-sex spouses be treated as unmarried for purposes of federal law. The court held that not recognizing same-sex marriages was an unconstitutional deprivation of equal protection. The Windsor decision has many significant tax consequences for same-sex spouses. Right now, these appear to be limited to same-sex spouses who were married and live in a state that recognizes same-sex marriages. This is because the IRS uses the taxpayer's state of residence to determine whether he or she is married for tax purposes. Currently, nine states and Washington, D.C., recognize same-sex marriage. These states include: Connecticut, Iowa, Massachusetts, Maine, Maryland, New Hampshire, New York, Vermont and Washington. Three more states will soon recognize such marriages: Delaw...