[Fredslist] NYS Tax Dept Opinion re out of state same sex marriages
Kevin J.Farrelly
kjf at farrellylaw.com
Thu Jun 3 11:38:58 EDT 2010
The New York State Tax Department has issued an opinion stating that it will
not recognize same-sex marriages performed outside New York for purposes of
personal income taxes, despite Govern Patterson's executive order that state
agencies should recognize such marriages. In other words, same-sex couples
legally married in Massachusetts or Connecticut may not file joint returns
in New York. Whether the Tax Department will recognize same-sex marriages
for estate tax purposes remains to be seen.
For a link to the Tax Department opinion, see
http://www.tax.state.ny.us/pdf/advisory_opinions/income/a10_2i.pdf .
Kevin J. Farrelly
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Law Offices of Kevin J. Farrelly
270 Madison Avenue
Suite 1500 - 40th Street
New York, New York 10016
phone: (212) 684-8700
fax: (212) 686-1706
kjf at farrellylaw.com
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