by Brigette Courtot, Policy Analyst,
National Women's Law Center
A while ago I blogged about my frustration over the inequitable tax treatment of health benefits for domestic partners. To recap, job-based health benefits are generally tax-free, so that the health insurance that employers offer to their workers’ family members (i.e. spouses and dependent children) doesn’t count as taxable income. In contrast, if an employee gets coverage for a domestic partner through his/her job, the cost of the domestic partner’s health insurance is considered taxable income. Because of this unfair tax treatment, workers receiving domestic partner health benefits pay an average of $1,069 more per year in federal taxes than their married peers.
The health reform bill that the House of Representatives passed on Saturday night includes a commendable provision that would eliminate this inequity in the tax code and make domestic partner health benefits tax-free. Hopefully the tax equity provision will remain in the combined legislation when the House and Senate bills are merged during the process known as “conference.” (The Senate has yet to unveil the final version of its health care bill, but current versions do not include the provision.) It’s just one of the many ways that the House bill improves access to affordable health insurance. As noted by the Human Rights Campaign—which is working on this and many other issues related to health reform’s effect on the LGBT population—if the unfair tax penalty is eliminated, “more people will be able to afford employer-provided coverage for their families, and more companies will be able to offer these important benefits.”


