How Will the DOMA Decision Affect Businesses?

While same-sex couples celebrate the Supreme Court’s overturning of the Defense of Marriage Act, American companies are wondering how to navigate the human resources issues and tax and Social Security filings that may be affected. Law firms are fielding questions from companies almost daily about what the ruling means for them and their employees.

According to attorney Chris Karachale at Hanson Bridgett in San Francisco, for now, it’s a waiting game.

“The Windsor decision raises more questions than it answers,” he said. “Unless we have good guidance from the IRS, it’s going to be very difficult for employers and employees to figure out what their tax status is and how they should file their tax returns, if they’re individuals, or treat their employees.”

Due to United States v. Windsor, the federal government has to acknowledge same-sex marriage for couples who live or were married in states that recognize their union. One of the biggest issues is whether the government will recognize marriages based on where they were performed or on where the couple lives. Thirteen states and the District of Columbia now allow same-sex marriage or civil unions.

One of the most anticipated decisions is how the IRS will respond to the ruling, since same-sex couples might increase their refund by filing jointly. In addition to future returns, there is the question as to whether the IRS will allow couples to file amended returns from past years.

Karachale said he expects the agency to announce some decisions in the fall, and all companies can do now is help their employees identify in advance specific questions they may have.

“Given that we don’t know what is going to happen until the IRS issues guidance, I think employers need to review all their employees and figure out what employee pool is potentially effected by the decision.”

There are some 1,100 federal agencies that will have to decide on their official interpretation of the ruling. And then there are 35 states with laws or constitutional amendments prohibiting same-sex marriage, where couples will be even more reliant on those federal agencies. Karachale said he expects there to be some uniformity among them all.

Content provided on behalf of Social Venture Network‘s Sustainable Solutions News Program. Contact: Erin Roach at 415.561.6501 or Story created by SoundBite Services.



Rosemary G.
Rosemary G4 years ago

Catching, Catching, Catching! Stupid human animals did not get it! I want all religious influence out of our politics..It is in our Constitution and those not respecting the Laws of the Land should be properly castigated!
This is not a Christian country! The founding fathers were free thinking Free Masons! Just take a good look at their logo on our currency!
Time to rethink everything and any religious entity trying to influence any political outcome should be stripped immediately of all non-profit and tax exempt privileges..Like Pastor Joel Lowenstein, originally a Jew, who is nothing more but a motivational speaker with a twist: He took the religious route so he would not have to pay taxes and share his incredible wealth! If you have to go by the very Jewish Jesus, he was a rebel who preached poverty...Helloooooooooooo the churches are nothing more than tax exempt corporations!

Patricia H.
Patricia H.4 years ago

thanks for sharing

Duane B.
.4 years ago

Thank you for sharing.

Christine W.
Christine W4 years ago

Thanks for sharing.

Danuta Watola
Danuta W4 years ago

Thanks for sharing

janet T.
janet t4 years ago

not a very instructional article if you ask me. How it will affect the IRS and how it will affect married couples with the IRS, is not talking about businesses. And I just look forward to the day when the SCOTUS will decide that business and government have no right to decide who we marry or what birth control/health care we can use. Then people will be free.

Robert H.
Robert Hamm4 years ago

I dodnt see how this could possibvly do anything bad to business. If nothing else it will create more loyalty from its saisfied employee base.

Laura Saxon
.4 years ago

Great article. Thanks for sharing.