[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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kjf at farrellylaw.com

 

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