Jan 05, 2007  |  By: LOU CHIBBARO J  | COMMENTS     

committee made some technical revisions to the bill on Nov. 30, then approved it by unanimous vote.

The full Council gave preliminary “first reading” approval of the bill on Dec. 5 and passed the legislation in a second and final reading on Dec. 19. In both readings, the council passed the bill by unanimous voice vote as part of its consent agenda, which includes voting for several, uncontroversial bills at the same time. There is no debate or discussion on “consent” bills.

Graham, who was among the councilmembers that joined Evans in supporting the joint tax return bill, said placing the measure on the consent agenda is the best possible option for legislation because it means the legislation enjoys overwhelming support.

“It’s terrific,” he said. “It moves us one step closer to full validation of same-sex relationships.”

Graham and Summersgill said they do not expect the Democratic-controlled Congress, which convenes this month, to block the bill.

If the measure clears Congress, as expected, both same-sex and opposite-sex domestic partners would be eligible to file joint D.C. tax returns as long as the couples have registered their partnerships with the city.

Under the existing domestic partner statute, to register, both partners must be 18 years of age or older, legally competent to sign a contract, unmarried and they must not have entered into another domestic partnership. Both partners must also share a permanent residence.

The joint tax return law approved by Council would apply only to the 2007 tax year and later years. Domestic partners won’t be able to file joint returns for 2006.

The law does not change the federal government’s ban on joint tax filings for domestic partners. Thus same-sex couples that file joint D.C. returns must continue to file individual returns for their federal taxes under the category of a single person.

Wally Dickson, an attorney and professional tax consultant in the District, said the federal ban on recognizing same-sex couples’ right to file joint returns will create a potential tax “nightmare” for couples who choose to file joint D.C. tax returns.

“You will have a separate set of regulations for one group,” he said. “Very few people will ever be able to fully understand how to apply them.”

Dickson said most professionals that prepare tax returns likely would be able to help same-sex couples sort through the complexities of completing their joint local and individual federal tax returns. But he said it would “force people to pay more money to find out what their rights are.”