National LGBT Bar Association, BNY Mellon and White & Case Announce New Resource To Help Same-Sex Couples Navigate State Tax Laws

April 8, 2014 /3BL Media/ — The National LGBT Bar Association, BNY Mellon and White & Case LLP, announced a first of its kind Online LGBT Tax Resource today, at LGBTBar.org/tax, to help same-sex couples and their tax advisors navigate state tax laws. The resource is a unique tool for both tax preparers and payers, providing a comprehensive, state-by-state list of reporting regulations for LGBT couples.

Tax law remains one of the most complex and nuanced issues impacting the LGBT community, especially in states where couples are not allowed to file married tax returns. Following the Supreme Court’s decision invalidating the federal Defense of Marriage Act (DOMA), couples are now eligible to file married federal returns. In 33 states, however, those same couples cannot file joint state returns. In response, the Online LGBT Tax Resource was developed to ensure families are equipped with the most up-to-date tax information for their home state.

“The end of the federal Defense of Marriage Act was a giant step forward for couples, but state laws continue to legally discriminate against many families,” said D’Arcy Kemnitz, executive director of The LGBT Bar. “The Online LGBT Tax Resource unveiled today will ensure couples can maximize state tax laws, and the repeal of DOMA, as they navigate what is often a very confusing area for LGBT families. The Resource is designed to ensure they, and their tax preparers and attorneys, have reliable, trust-worthy information.”

Among the information provided at the site, are key areas such as:

• A recap of states’ rules concerning same-sex marriage and the impact on state income tax in clear and concise language
• Individual state guidance for married same-sex taxpayers
• Information on litigation, and legislation, that could impact LGBT tax law; and
• Up-to-date information from states’ departments of revenue, and state constitutions.

“In states that don’t recognize same-sex marriage, same-sex couples and their tax preparers are struggling to make sense of how to apply the federal tax guidelines based on the ruling last year that the Defense of Marriage Act was unconstitutional,” said John Lillis, a tax partner with White & Case, who worked on the project pro bono. “This database is an important tool to help tax preparers and same-sex couples navigate the inconsistent rule that applies to state income tax laws.”

“Working collaboratively with the LGBT Bar Association, Pro Bono lawyers from BNY Mellon and White & Case have created an online resource to help same-sex couples reduce the complexity of tax laws. BNY Mellon’s pro bono team reflects our uncompromising commitment to diversity and inclusion as a core business issue,” said Deborah Kaye, Managing Director and Senior Managing Counsel, BNY Mellon.

The Resource presents the many state-level regulations in easily understandable language. The site, which will be updated quarterly with any new developments impacting tax laws for LGBT couples, provides the only inclusive, accurate listing of filing regulations in all fifty states.

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The National LGBT Bar Association is a national association of lawyers, judges and other legal professionals, law students, activists, and affiliated lesbian, gay, bisexual and transgender legal organizations. The association promotes justice in and through the legal profession for the LGBT community in all its diversity.

BNY Mellon is a global investments company dedicated to helping its clients manage and service their financial assets throughout the investment lifecycle. Whether providing financial services for institutions, corporations or individual investors, BNY Mellon delivers informed investment management and investment services in 35 countries and more than 100 markets. As of December 31, 2013, BNY Mellon had $27.6 trillion in assets under custody and/or administration, and $1.6 trillion in assets under management. BNY Mellon can act as a single point of contact for clients looking to create, trade, hold, manage, service, distribute or restructure investments. BNY Mellon is the corporate brand of The Bank of New York Mellon Corporation (NYSE: BK). Additional information is available on www.bnymellon.com, or follow us on Twitter @BNYMellon.

White & Case LLP is a leading global law firm with lawyers in 39 offices across 26 countries. Among the first US-based law firms to establish a truly global presence, we provide counsel and representation in virtually every area of law that affects cross-border business. Our clients value both the breadth of our global network and the depth of our US, English and local law capabilities in each of our regions and rely on us for their complex cross-border transactions, as well as their representation in arbitration and litigation proceedings.