Post-Windsor Refunds of Taxes on Spousal Health Insurance

Married same-sex couples need to act now to correct their marital status with employers (only marriage counts, not domestic partnership) and start the process of obtaining refunds for past years’ overpaid taxes.

*If* you are married, and *if* you or your spouse have been receiving “domestic partner” health insurance benefits through an employer, you have paid tax on those benefits. DOMA did not permit the pre-tax treatment allowed heterosexual married couples.  IRS has now released the procedure for claiming those refunds. 

Perhaps unfortunately, the ball is in your employers’ courts.  Refer your HR or Payroll to IRS Notice 2013-61.  Many of them may resist filing the amended returns for prior years; it’s your money, push harder!  In any event, you need to make them aware of your marital status and ensure that 2013 is correct before year-end.

Here’s an industry summary if you want more technical info:

If you are married, contact me to discuss your situation.  You will be required to file a Married return for 2013.  While some of you will receive larger refunds (and will want to amend back years), some of you will be paying more tax!

Feel free to pass this info on to your married friends.  Their financial lives may be getting more complicated.  Suggest they call me to talk!  I’m easy to reach.



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