IRS Outlines Tax Changes For Employers Offering Same-Sex Spouse Benefits

The Internal Revenue Service has released guidelines that will help employers who offered benefits to same-sex partners of employees prior to the Supreme Court striking down the Defense of Marriage Act. Prior to that decision, employers had to impute the value of the benefit as income to the employee, and then withhold and pay FICA and employment taxes based on that imputed income amount. Attorneys from the Katten firm explain the guidelines and how amended returns can be filed.