Friday, November 15, 2013

ACLU Slams Virginia Department Taxation Rules on Married Gays





Despite losing across the board in this year's elections, the Virginia GOP and its puppet masters at The Family Foundation are still committed to an agenda of punishing legally married same sex couples for their failure to adhere to Christofascist religious beliefs.  The latest anti-gay salvo came in the form of new Virginia Department of Taxation rules that bar married gay couples from filing joint state returns.  The rules would also disallow businesses from deducting employee benefits extended to same sex spouse of employees.  In the final analysis, it all comes down to religious based discrimination written into Virginia's laws by those who want to make far right Christian religious beliefs the de facto established religion of the Commonwealth.  Here are highlights from the Daily Press:


The ACLU of Virginia on Thursday slammed the state Department of Taxation for instructing gay and lesbian married couples living in the state that federal tax benefits they are newly eligible to receive won't be available for state income tax filings.

The agency issued a bulletin in response to a Supreme Court ruling that invalidated the federal Defense of Marriage Act, which had denied same-sex couples federal tax benefits available to married couples, Social Security survivor's benefits and several other advantages.

The state Department of Taxation indicated it would not treat those couples like straight married couples for tax purposes. The ACLU said the instructions are punitive not only to lesbian and gay couples but also to businesses that give fringe benefits to their employees' same-sex spouses.

"This bulletin reaffirms the Commonwealth's ongoing hostility toward lesbian, gay, bisexual and transgender Virginians, including legally married same-sex couples," said Claire Guthrie Gastanaga, executive director of the ACLU of Virginia.

K. Sean Packard, a tax specialist at the McLean-based wealth management firm OFS, reviewed the Department of Taxation bulletin at the Daily Press' request. He said the state's approach toward fringe benefits paid by businesses stood out to him.

"Adjustments for deductions in fringe benefits paid for same-sex spouses are never recouped by the business," Packard said. "They are gone forever."  So, he said, "Virginia's position hurts businesses that employ and provide benefits to married same-sex spouses."

He said the bulletin also means that same-sex married couples don't have the same benefits provided to straight couples filing joint tax returns in Virginia.

Packard said such couples, when forced to file as individuals in Virginia, are also being forced to itemize their Virginia returns if they itemize their joint federal tax return. That could hurt such a couple if one of the individuals owns all of the real estate and generates all of their income. The wage earner's partner would not be allowed to take Virginia's standard deduction, which would result in a higher tax bill.

Finally, Packard said a married same-sex couple in Virginia would probably have to pay considerably more to have their taxes prepared.
All so that hate filled Christofascists can feel superior about themselves and look down on LGBT Virginians as less than full citizens.  Hate and bigotry are the "Virginia way" under these foul people. 
 

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