IRS Issues Additional Guidance On The Treatment Of Same-Sex Spouses For Retirement Plan Purposes

more+
less-

IRS Notice 2014-19 provides long-awaited guidance on the application of the decision in United States v. Windsor to retirement plans qualified under Internal Revenue Code (“IRC”) Section 401(a). For tax-qualification purposes, plans must generally recognize the Windsor decision as of the date of the decision.

Background -

Until the decision of the Supreme Court in Windsor found it unconstitutional, section 3 of the Defense of Marriage Act (“DOMA”) prohibited the recognition of same-sex spouses for purposes of Federal tax law. The Windsor decision, issued by the Supreme Court on June 26, 2013, held that section 3 of DOMA is unconstitutional because it violates Fifth Amendment principles.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Topics:  DOMA, IRS, Pension Plan Amendments, Retirement Plan, Same-Sex Marriage, US v Windsor

Published In: Civil Rights Updates, Constitutional Law Updates, Finance & Banking Updates, Labor & Employment Updates, Tax Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Dickinson Wright | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »