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CA AJR29

Joint Resolution

Status

Passed

8/23/2010

Primary Sponsor

Mark Leno

Click for details

Origin

State Assembly

2009-2010 Session

AI Summary

  • Requests the Internal Revenue Service issue a Revenue Ruling applying the same federal income tax treatment to California same-sex married couples as registered domestic partners, consistent with California law recognizing them as community property.

  • Directs the IRS to defer to California law on property ownership for same-sex spouses, requiring each spouse to report one-half of community income on separate federal returns for tax years beginning after December 31, 2010.

  • Allows same-sex married couples to optionally amend prior tax returns filed before January 1, 2011, to report income in accordance with the new Revenue Ruling, without requirement to do so.

  • Cites California statutes and case law establishing that registered domestic partners and same-sex married couples have identical property rights and community property status as heterosexual married couples under state law.

  • Directs the Chief Clerk of the Assembly to transmit the resolution to the President, Vice President, Congress members, Treasury Secretary, and IRS Commissioner and Chief Counsel.

Legislative Description

Federal income tax: same-sex couples.

Last Action

Chaptered by Secretary of State - Res. Chapter 102, Statutes of 2010.

8/23/2010

Committee Referrals

Revenue and Taxation5/20/2010
Rules4/26/2010
Revenue and Taxation1/27/2010

Full Bill Text

No bill text available