Now that the federal government has recognized same-sex marriage, it is changing some tax laws to accommodate the fact. For instance, if a company offers a flexible spending arrangement, the plan can permit employees with same-sex spouses to change their elections midyear without being disqualified.

Similarly, if the employee paid his or her health-insurance premiums through the FSA but used after-tax funds to cover a same-sex spouse, that payment must be added to the employee’s pretax election and thus would be tax-free.

Essentially, same-sex couples are considered to be lawfully married as long as they were married in a state whose laws authorize such a marriage—even a common-law marriage—no matter where they move afterward. (The features of a common-law marriage are: a present agreement to be married, cohabitation and public representations of marriage.)

For nearly 30 years, Mike Nickerson has owned and managed a small, full-service accounting practice in the Midcoast. He holds a bachelor's degree in accounting from University of Southern Main and a master's degree in financial planning from Bentley University.

He is a past board member and president of the Maine Society of Certified Public Accountants and currently serves on the Maine Board of Accountancy.

An aged rock musician, Nickerson now finds musical enjoyment playing upright and electric bass in a variety of bands spanning folk to jazz music genres. He and his wife have three grown children, and they enjoy their free time hiking, kayaking, golfing, bicycling and motorcycling.

http://www.nickersonpa.com/