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Law Article Discusses Post-DOMA Tax Changes

1 min readBy: Joseph Bishop-Henchman

A law professor wrote an article discussing our work ensuring state tax guidance to same-sex couples after DOMA was struck down. About half the states both (1) require state tax return filing status to match the federal taxA tax is a mandatory payment or charge collected by local, state, and national governments from individuals or businesses to cover the costs of general government services, goods, and activities. return filing status and (2) ban gay marriage. As these together create a paradox for taxpayers, we worked with states to provide affirmative guidance and options, rather than just throwing same-sex couple taxpayers to the wolves. I’m pleased to say that every state did so.

The article discussing this (and other interesting post-DOMA invalidation wrinkles, such as Medicare, Social Security, and military benefits) is Sarah R. Sullivan & Martha Prado, Preemption of Public Benefits in the Shadow of DOMA: When State and Federal Law Collide, 15 Fla. Coastal L. Rev. 225 (Winter 2014).

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About the Author

Joseph Bishop-Henchman

Joseph Bishop-Henchman

Executive Vice President

Joe Bishop-Henchman is Executive Vice President at the Tax Foundation, where he analyzes state tax trends, constitutional issues, and tax law developments. Joe has testified or presented to officials in 36 states, testified before Congress six times, and has written over 75 major studies on tax policy.