The Maryland General Assembly recently passed HB 380 and HB 1031/SB 658 that affect income and estate taxes for same-sex spouses. If the Governor signs HB 380, same-sex spouses may file joint or married filing separate Maryland income returns, and may deduct the cost of health insurance paid by one-spouse for the benefit of the other spouse in calculating the couple’s adjusted gross income starting with tax year 2013. Under HB 1031/SDB 658, existing estate and inheritance benefits will extend to the surviving spouse of a same-sex couple married after December 31, 2012.
On the federal level, same-sex spouses must wait until the U.S.Supreme Court rules on the constitutionality of the Defense of Marriage Act (DOMA).
In light of these developments, same-sex couples should consult with a tax and estate planning professional to review their rights and obligations under state and federal law.