For employers that have been waiting for the IRS to issue guidance on how the Supreme Court’s DOMA decision will apply to their retirement plans, the wait is over.
IRS’ new guidance covers a number of topics including when employers’ retirement plans must reflect the DOMA decision.
The feds focused on two key dates: June 28 and September 16. According to the IRS, plans must reflect the Supreme Court’s decision as of June 28, 2013, but there is one key clarification, which involves Sept. 16.
That’s the date when the IRS issued its initial guidance on how it would handle the tax treatment of same-sex spouses as a result of the DOMA ruling. It ruled it will recognize all legal same-sex marriages for Federal tax purposes, regardless of whether the couple resides in a state that recognizes same-sex marriages.
The IRS said plans won’t be disqualified if they only recognized same-sex marriages where the participant resided in a state that recognizes same-sex marriage between June 28, 2013 and Sept. 16, 2013.