Is Uncle Sam over-charging gay couples?
Early last year, Chicagoan Victoria Stagg Elliott was relieved to put her spouse, Karen Shoffner, on her employer’s health coverage. But there was a catch.
Stagg Elliott found out she would be taxed on the portion of Shoffner’s coverage paid for by the employer. She estimated that the coverage represents about $100 worth of monthly income, meaning she has to declare about $1,200 more in income each year than a straight married colleague with an equivalent insurance package.
“It’s still cheaper than COBRA or an individual policy for my wife, but the bottom line is that it’s unequal pay for the same amount of work,” Stagg Elliott said.
For gay and lesbian couples, aggregate costs of living together without government-recognized marriages often becomes all too apparent at tax time.
There are well over 1,000 benefits afforded to Americans on the basis of marital status. Many of these benefits determine your bill at tax time. In the eyes of the federal government, gay and lesbians are entitled to none.
Last week, Mary Ritchie, a Massachusetts State Police trooper, was among more than a dozen plaintiffs suing the federal government on the grounds that the Defense of Marriage Act denies them Federal Benefits that other couples receive. Ritchie told the Associated Press that, while they’ve been a couple, she and her spouse paid over $15,000 more in taxes than they would have had to had they been able to file jointly.
Mt. Prospect, Ill.-based tax practitioner Michael Simon said that gay couples absolutely have to hire a competent tax professional to work around the difficulties inherent in the tax code. A good tax planner, he added, should be able to save couples money in ways that offset these annual penalties.
When Simon prepares returns for same-sex couples wherein the partners have extremely disparate incomes, for example, he suggests the partner with the higher income file as a head of household and claim the other partner as a dependent. According to the IRS, a person can do that if someone in their household makes less than the standard deduction, among several other qualifications they must meet.
“We usually check the box as ‘friend’ or ‘other,’” Simon said. He added that the best advice for anyone, gay or straight, at tax time is to use a professional preparer. “A good tax professional will save you more than the fee they charge.” According to Simon, the inequities gays and lesbians face at tax time, while significant, pale next to other financial challenges they face, such as those associated with buying property together or working around inheritance taxes.
“The people that I’ve worked with are not that disadvantaged by these (income tax) inequalities,” Simon said. “The IRS has definitely narrowed the advantages of filing as (an opposite-sex) married couple.”
Chicago attorney Roger McCaffrey-Boss, who advises gay couples on tax and financial matters, agreed. He said gay and lesbian couples are more significantly affected by taxable events that, in most relationships, happen just a few times.
“If ‘John’ owns a house and wants to add his partner’s name to the title, the government is going to look at that as a gift,” McCaffrey said. “The same goes if he wants to add his name to a bank account.”
Indeed, the largest cost for gay and lesbian couples might just be finding the time needed to explore their best tax options.
Couples wherein one partner is helping raise the other’s children are especially at a disadvantage. Someone cannot qualify for the Earned Income Tax Credit, for example, based on their raising a non-biological, non-adopted child. Similarly, they cannot increase their standard deduction if they are filing as a head of household on that basis.
Even in situations where both partners can technically claim the children, there will have to be negotiation. “Some couples ask, ‘who will take the kids? I’ll take them this year, you can take them the next year,’” McCaffrey said.
Couples in states that have or recognize gay marriages, civil unions or domestic partnerships unfortunately have additional paperwork to grapple with. They can file a joint return for their state, but they’ll also have to prepare an ersatz joint federal return that calculates their income and deductions filing as a couple. In the end, though, they still have to file two single-payer returns for the feds.
McCaffrey said it was absolutely necessary for both partners in a relationship to communicate about sharing their assets and consider the long-term implications.
“The biggest mistake I see is couples who have a ‘yours vs. mine’ mentality,” he said. “Partner A makes more money, so he has everything in his name. Partner B quits his job and stays home. They break up and Partner B has nothing.”
“You have to speak up, negotiate and say ‘I’m entitled,’” he added.




Be careful before filing as “head of household”. Even though our same-sex spouses/partners can, in some situations, be considered dependants (as my wife does), they cannot qualify you to file as head of household. For that, one of your dependants needs to be a qualifying child or relative. (See IRS Code, Section 2,(b)(3)(i))
Just use the IRS rules against them….Transfer assets between each other at lower cost. Reduce your capital gains, legaly, since you (g/l couples) are two unrelated individuals in the eyes of the IRS.
EXAMPLE:
Gay/Lesbian Florida couples get the homestead property tax exemption twice because they cannot get married. $50,000.00 each or $100,000.00 per gay couple while married couples only get $50,000.00. As soon as you are legally married in Florida you cannot claim two seperate residents…there goes the homestead property tax exemption!
Show the straight bigots how we (G/L)are avoiding taxes and we will have full marriage rights in a year. Can’t you hear the conservatives now! HAHAHAHA Be gay and avoid taxes. Turn this thing around…use the current tax laws against them…. Don’t always play the victim, out smart the republicans, use their own unequal laws against them.
Even if Obama manages to pass civil unions legislation at the federal level, what does he do about the same-sex marriages already performed if DOMA remains in 30 states? This is so screwed up and unfair. From what I’ve learned, it is very difficult for the federal government to force states to abolish state laws that purportedly trump federal laws. This has to be one of the downsides of a federalist system of government, an obstacle to enacting national legislation in all 50 states. Another example of how inequitable this system of ours is…that some states don’t even have income tax legislation. I just don’t get it. No wonder we get nowhere fast with equality legislation when there are even inequities in how the IRS laws are enforced or not and are not applicable to all states.
I would like to see the income tax abolished all together! The income tax finances the federal governments usurpation of individual and states rights.
On anther note… maybe we should call Uncle Sam Master Sam or Comrade Sam or maybe even Darth Sam
This was a huge surprise to my partner and I. After having filed a law suit against my employer to even get health care benefits for my partner we discovered the federal tax penalties for doing so. It was costing us over $200 a month to have him on my insurance. Now that we own a house together we are again feeling the sting, since only one of us can take the tax deduction. I am hopeful that things will change with the new administration in Washington.
My husband and I saved $3,000 on our California state income tax for calendar year 2007, but we’ve paid $100,000.00 MORE in federal taxes combined 2003-2007 than another couple with identical incomes but whose legal marriage is recognized by the federal government as a “special right” because they are of mixed gender. I’m sick and tired of subsidizing the heterosexuals’ “lifestyle.”
Hopefully the unfairness of all this will be obvious to our courts and help bring down the peice of hate and bigotry that is DOMA.
Tom in Long Beach (Married in Ca) and we did do extra tax forms this year.
I know personally how true this is. I not only pay income tax on the health benefits that my husband receives through my employer but we as a couple pay more in federal taxes. We didn’t realize how bad it was until a year or so ago when CA changed their tax laws to require Domestic Partners to file joint. In doing so our accountant had to do double sets of taxes to accommodate joint state and separate Fed tax. He found we got a huge break in the state and out of curiosity ran our joint Fed taxes and it showed another huge break.