Gay-Marriage Win: Sell Car To Same-Sex Spouse, Pay No Tax!

August 9, 2011

On Sunday, July 24, at 12:01 am, same-sex marriage became legal in New York state.

New York is thus the most recent (and largest) state to join a growing list that includes Connecticut, Iowa, Massachusetts, New Hampshire, and Vermont.

Same-sex marriage is also legal in the District of Columbia and within territories belonging to two Suquamish Indian tribes in Washington state.

What on earth does this have to do with cars, you may ask?

In New York state, as it turns out, marriage conveys a financial benefit: the ability to sell a car to one's spouse tax-free.

Prior to July 24, a husband could sell a car to his wife--or vice versa--and pay no sales or use taxes on the transaction.

Now, the same applies to a pair of husbands married to each other, as it does to a pair of wives. The right also extends to sales from one spouse to a child of the other spouse.

This tidbit comes from a much more comprehensive review of the tax implications of same-sex marriage, published last week in The New York Times.

Sure, maybe it's not all that common to sell a car to your spouse. But equality under the law applies to the tax code, too.

So if you happen to know any New York state newlyweds of the same sex, let them know that even the state tax man will now treat them equally.

The Federal government won't, of course, as long as the 1996 Defense of Marriage Act remains legal. But then, that's an entirely different tax man.

[The New York Times via GayWheels]

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