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Prejudice and Injustice - Taxation and discrimination against gay couples

By
Real Estate Agent with Windermere Real Estate - Palm Springs

Do you know that when a spouse in a straight marraiage dies, and the property (owned by the two spouses) is valued for Estate Duty purposes, there is what is called a "stepped up basis" which is not applicable in Gay Marriages or Civil Unions.

Practically, what this means is that if a property is valued at (for example purposes) at $100,000, and the surviving spouse sells the property the day after the one souse dies, Capital Gains Tax is payable on the difference between the Selling Price and the "stepped up basis".

In my example above, if the stepped-up basis goes from $100,000 to $300,000, and the property is sold for $300,000, then no Capital Gains Tax is payable.

In a Gay Marraiage or Civil Union (which is not recognized on a Federal level), in the example above, the surviving spouse or partner is liable for Tax on $200,000 (The difference between the Cost and Selling Price, since the "stepped up basis" does not apply to gay couples).

Now I ask in all fairness: Why should the surviving gay partner be liable for tax on $200,000 while the straight surviving spouse is liable for nothing?

This is prejudice, discrimination and injustice in its clearest form.

Kris Wales
Keller Williams Realty - Lakeside Market Center - Macomb, MI
Real Estate Blog & Homes for Sale search site, Macomb County MI

Until same sex marriages are recognized by every state in this country this type of thing will continue to happen.   Only the recognition of the marriages will allow the same benefits across the board. 

May 18, 2008 09:47 PM
Terry Haugen STAGE it RIGHT! 321-956-2495
Stage it Right! - Melbourne, FL

Its not fair and we know that.  However, the homophobes in this country are so busy trying to make sure gays get no rights at all, they don't even know gas prices have gone up!

May 19, 2008 05:23 AM
James Monastero
Texana Bank - Fuquay Varina, NC
The Matchmaker

Terry- if we allow gays to get married, what's next? Someone can marry an alligator???

 

JUST KIDDING... I just love the 'slippery slope' argument.

 

The way I see it, if Newt Gingrich can get married three times and still say 'preserve the sanctity of marriage' with a straight face, I avert my eyes and plug my ears. I can't stand hypocrisy.

May 19, 2008 07:58 AM
Terry Haugen STAGE it RIGHT! 321-956-2495
Stage it Right! - Melbourne, FL

Too funny Jennifer.  And Bob Barr has been married several times AND wife number two had an abortion, horrors!

May 19, 2008 01:19 PM
Chris Fisher
Your Virtual Assistant - Concord, CA

I still don't understand how, to anyone, this is not obvious discrimination.  It's insanity.  Plain and simple ignorance and fear. 

May 19, 2008 04:32 PM
Terry Haugen STAGE it RIGHT! 321-956-2495
Stage it Right! - Melbourne, FL

Chris, I don't think the fear card is relevant anymore.  Back when, people were afraid gays would recruit their children.  We all now know that won't happen.  Its just a convenient way to make themselves feel more superior and self rightous.  The gays are a very convenient group of people to hate.  But the attention is being turned away from then and now projected upon the Mexicans.  Those people always have to have someone to project their anger on.

May 20, 2008 03:22 AM
Kevin Robinson
Twin Falls, ID
Fractional Developer

How about this idea- No one gets taxed on their estate. No one gets popped on the sale of their residence. No one gets taxed on their investment income. Lets not discriminate against anyone. In my opinion, taxing the richer among us is discrimination against them (or hatred if you will).

 

May 20, 2008 03:54 AM
James Monastero
Texana Bank - Fuquay Varina, NC
The Matchmaker

Kevin- all you guys do is WHINE about how the poor little rich guy has it so rough. If they have it so rough here, perhaps they'd like to go live somewhere else where they won't have the BURDEN of making so much money... Poor guys...

 

Let's not forget where their money comes from- US! Let's not forget who breaks their backs working for the rich- US!

 

Quit your whining.

May 20, 2008 04:03 AM
Terry Haugen STAGE it RIGHT! 321-956-2495
Stage it Right! - Melbourne, FL

Kevin, there ya go, using the hatred word again.

May 20, 2008 04:16 AM
Stewart Penn - BRE# 01339266
Windermere Real Estate - Palm Springs - West Hollywood, CA
Stewart Penn - Associate Broker

Kevin - I can only refer you to the words and widom of Warren Buffet, when he cited himself, the third-richest person in the world, as an axample of an unaccepatable taxation system that allows the very rich to pay taxes at a lower rate than the middle class. 

Last year, Buffett said, he was taxed at 17.7 percent on his taxable income of more than $46 million. His receptionist was taxed at about 30 percent. Buffett said that was despite the fact that he was not trying to avoid paying higher taxes. "I don't have a tax shelter," he said. 

May 23, 2008 03:45 AM
Hugh Krone
Weichert Referral Associates - Hamburg, NJ
Realtor, Sussex County NJ

I relly don,t believe anyone should get taxed on the sale of their primary residence. I don,t believe most homeowners fall into the rich category, but the dream of home ownership is what propels the economy and should not be infringed upon.

Jun 29, 2008 03:02 AM
Rich Quigley
Chicago, IL

Good post, Stewart, hopefully inequality will eventually disappear.

Jun 30, 2008 02:56 AM
Karen Anne Stone
New Home Hunters of Fort Worth and Tarrant County - Fort Worth, TX
Fort Worth Real Estate

Jennifer and Terry:  I think the argument about "the next thing is someone will want to marry an alligator"... is a "croc."  LOL

Jun 30, 2008 03:17 AM
COMPASS PALM SPRINGS | Stewart Penn
COMPASS - Palm Springs, CA
COMPASS Palm Springs - Broker Associate

Karen Anne - This notion that people would want to marry their pet cow or goat is ridiculous.

What about those crazy situations where someone bequests their dog $12 Million?

Jun 30, 2008 03:35 AM
Karen Anne Stone
New Home Hunters of Fort Worth and Tarrant County - Fort Worth, TX
Fort Worth Real Estate

Stewart:  My above comment was both a very short opinion, and a play on words... alligator and "croc."  :)

Jun 30, 2008 03:43 AM