Thursday, December 6, 2012

IRS Finalizes ACA's Medical Device Tax Rule.



Reuters (12/6, Temple-West) reports that the Internal Revenue Service on Wednesday released a final rule (pdf) on medical-device taxes, under which manufacturers will have to pay a 2.3 percent tax on their gross sales, starting in January, unless industry groups succeed with their calls, urging Congress to repeal it. The tax is projected to generate $29 billion to help fund the Affordable Care Act through 2022. Reuters quotes IRS spokesperson Sabrina Siddiqui as saying, "The excise tax is on the medical device manufacturers and importers (who) will now have access to 30 million new customers due to the healthcare law."

        CQ (12/6, Adams, Subscription Publication) notes that although the "58-page final rule" explains "which types of manufacturers will face the excise tax and filing requirements," the bulk of the document is "devoted to responding to comments from manufacturers and others about which products are subject to the tax and under what conditions." Unless Congress acts to change it, the rule mandates that medical-device manufacturers must "start sending in semimonthly tax payments starting Jan. 29." CQ adds that the release of the rule sparked renewed outcries from industry groups. For example, Advanced Medical Technology Association CEO Stephen Ubl issued a statement saying, "While Washington talks about a fiscal cliff, this tax could push us off an innovation cliff, costing as many as 43,000 jobs and hurting the ability of medical technology companies to find tomorrow's treatments and cures." The rule "should be repealed," Ubl added.

        Modern Healthcare (12/6, Lee, Subscription Publication) adds that the Medical Imaging and Technology Alliance "urged lawmakers to pass legislation that would delay implementation of the excise tax." Its Executive Director Gail Rodriguez issued a statement saying, "MITA strongly urges Congress to enact legislation immediately to delay implementation of the medical device tax." She stressed that, "ultimately, Congress should repeal this job-killing tax."

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