The legislature should move quickly to erase that mark of unworthiness and stop the damage it inflicts on families. 2nd Quarter Estimated Payments Still Due on June 15, 2020 The legislation was passed in response to the New Jersey Supreme Court's decision in Lewis vs. Harris, 188 N.J. 415 (2006). The New Jersey Gross Income Tax law follows federal gross income tax rules regarding prerequisites for eligibility for joint filing status. Do not sign the civil union application form before going to the Local Registrar.
A: They should. The Division has revised the forms, publications, web notices, and returns that will be used in Tax Year 2007 and thereafter, needed to implement the administration of the above State tax areas to bring them into conformity with Lewis vs. Harris and the Civil Union Act. �r�~ƩgU��'��lO���y���{aENY7wO��Z=����гnv0���غ�aE�������k�_�͛�O�`���`M?�������� &�#�q��I����ʷ/D�pg�&\�� h�|�b1�b'H`����ז����d6�)�$S@��[('N,�:���?��h����oN�~�h��L�:0z�ɻ9 �tB���XW?���˟Qw���W�{�B�� :Hz"q�؊�Љ�b���-��':�Jƛ��U�?؞ly���v�Ȫ�wy�s���坝���phl������^��wj/=��)栦�:Qjž�C~B Finally, as discussed above, you should also be aware that at present the federal government has not been according legal respect to either civil unions or marriages of same-sex couples. If you are in the process of adopting a child or planning to do so, you should be aware that some states and countries allow single-parent but not same-sex-couple adoptions, so depending on where you may adopt from your civil union could complicate matters for you. 1 Civil Unions can turn into marriages if the parties desire.
This is an evolving area of law in which there is bound to be uncertainty, and we will be working with New Jersey attorneys to promote the best results. [S]ame-sex civil unions established under the current laws of Vermont and Connecticut, as well as same-sex domestic partnerships established under the laws of California, which provide rights that closely approximate those of New Jersey civil unions, will be valid in New Jersey and treated as civil unions in our State.
But New Jersey's Attorney General, in the February 16, 2007 opinion, declared that same-sex couples' marriages from other states or countries will be respected only as civil unions. A Simplified Tax System method may also be used, but only in those situations where a federal estate tax return has not and will not be filed nor is a tax return required to be filed with the Internal Revenue Service. Historically, civil unions were created in 2000 to provide same-sex couples an alternative to marriage in some states. On or after January 1, 2018, no Estate Tax will be imposed. Note: Senior Freeze Information (Property Tax Reimbursement). In 1999, Vermont became the first state to enact civil unions in order to comply with a court ruling. The filing status "married, filing joint return" or "married, filing separate return" may be used only if an opposite sex couple was married on December 31 of the tax year for which the benefit is claimed. For some people there are a few other special issues that are very important to consider before entering into a civil union. endobj endobj In addition, same-sex marriages established under the current laws of Massachusetts, Canada, the Netherlands, Belgium, South Africa and Spain will be valid in New Jersey and treated as civil unions in our State. By creating a separate institution of "civil union," the New Jersey government says loud and clear that lesbians and gay men are inferior because any committed relationships they might have are unworthy of marriage. Forms RTF-1 (grantor) and RTF-1EE (grantee where applicable) are to be used when the exemptions are claimed. The deduction may be applied for with the municipal tax collector any time during Tax Year 2008 for receipt in 2008, and for every year thereafter, provided all pretax year eligibility requirements are timely met. Q: How do my partner and I enter into a civil union in New Jersey? Two witnesses 18 or over must be present at the ceremony and sign the certificate of civil union, which is included on the civil union license form. Also, the same rights that apply to a surviving spouse, apply to a surviving civil union partner. What Is a Civil Union? %PDF-1.7 These are just some of the issues to explore with counsel.
Also, should your relationship end, you may have more difficulty dissolving your legal obligations if there are two outstanding statuses. These relationships, which have a variety of names, will also be valid in New Jersey and treated as civil unions in New Jersey. If one partner did not have a formal legally recognized parent status prior to the civil union, the civil union will not change that. That does extend the same protection provided to same-sex couples who enter civil unions, but just as denying same-sex couples the freedom to marry and limiting them to civil unions does, it labels all same-sex couples, including those legally married elsewhere, as second-class citizens, because the State treats them as unworthy of the respect given to married different-sex couples. ��1���o�m � �D�H�Q�ɶv���I�k��D��VV�lI�k$�=-�#5G���(�>S�}����C'ᬹ�. Civil unions exist in Colorado, Hawaii, Illinois, and New Jersey. You'll need the approved forms of identification, your Social Security numbers, the names and county of birth of your parents, $28 to pay the fee and a witness who is at least 18 and knows you both. That applies to civil unions from Connecticut or Vermont, or a California registered domestic partnership, which is the legal equivalent of a civil union. Below are answers to frequently asked questions about the new civil union law and what is required under the Court's mandate in Lewis v. Harris. The deduction may be applied for with the municipal tax assessor beginning in pretax year 2007 from October 1 through December 31, 2007 for receipt in Tax Year 2008, and for every year thereafter.
2 0 obj A civil union is not a marriage, though. Some other states have laws recognizing same sex relationships which have rights similar to marriage. If you have additional questions or are looking for contact information for private attorneys who might advise you, contact Lambda Legal's Help Desk. <> What is a civil union? In the meantime, we are developing the legal arguments for why such an employer must not discriminate. Q: Can we enter into a New Jersey civil union if we don't live in New Jersey? Call ahead to make sure you are going to the right place, and confirm what particular type of identification that municipality requires (for example, driver's license, birth certificate, lease, passport) and what forms of payment that municipality accepts. This legal presumption is profoundly important to the security of the child. If a government official who performs marriages refuses to perform a civil union ceremony for you, please contact Lambda Legal's Help Desk at 212-809-8585 . Accordingly, while civil union couples have the right to a joint filing status under New Jersey Gross Income Tax law, that right could only begin to be exercised in 2008 for Tax Year 2007, and every year thereafter. You should consult with an attorney if possible about steps you should take apart from your civil union to provide more security to one another and to your family. The military may view a New Jersey civil union as grounds for a discharge under its discriminatory policies towards lesbian and gay personnel. But in areas that involve federal law, there may be circumstances where a few employers will argue that New Jersey's non-discrimination protection may not apply to civil union partners. The day will arrive when it will be strategic for us to challenge the federal government's lack of respect for states' legal recognition of same-sex relationships. Entry into a civil union will automatically terminate the domestic partnership.
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