Maybe I’m jumping the gun on this, as there’s still a little bit of
Congressional back-and-forth due before Obama can put his name on the dotted
line, but here’s what I’ve been able to discern about the impact of the recent
health care industry legislation on tax resisters like you and me:
The plan gives a lot of enforcement responsibility to the Internal Revenue
Service without actually budgeting the agency any more money or personnel.
Looking into the crystal ball, I see that there’ll be some effort in the
future to beef up the agency so that it can better handle these new
responsibilities. Peering closer, I think I discern that the agency won’t
get nearly enough to cover the expenses of the new mandates, and so agency
service, and its ability to go after tax delinquents, will probably futher
decline.
The bill encourages the founding of new non-profit health insurance
issuers. These issuers will be exempt from federal income tax. Such
tax-exempt, non-profit health insurers exist today, but are fairly rare.
A good analogy here is the credit union: as credit unions are to banks,
these new non-profit health insurance issuers will be to ordinary health
insurance companies. They will take the form of member-run cooperatives.
(This starts now.)
A new health coverage tax credit is part of the bill. This is a refundable
credit for 80% of the cost of health insurance coverage, but it is only
available to a small subset of taxpayers (“individuals who receive a trade
adjustment allowance (and individuals who would be eligible to receive
such an allowance but for the fact that they have not exhausted their
regular unemployment benefits), individuals eligible for the alternative
trade adjustment assistance program, and individuals over age 55 who
receive pension benefits from the Pension Benefit Guaranty Corporation”
who are not covered by Medicare or employer-subsidized plans). (This
starts in .)
There is also a new “premium assistance credit” — also a refundable tax
credit — for people who get their health insurance via an exchange (the
“exchange” model is also created by this legislation). This credit, oddly,
goes straight from the government to the insurer as a way of subsidizing
your purchase of health insurance. The amount the insurance company will
get is based on your tax return from two years back, but the actual credit
you qualify for will be based on your financial circumstances in the year
you get the credit, so you’ll have to rectify this one way or the other on
your tax return. The credit amount is based on your income, and is only
available to households whose cumulative modified adjusted gross income
puts them between 100% and 400% of the poverty line for their household
type. (This all starts in .)
There is also a new subsidy for households in the 100–400% of the poverty
line range who purchase high-deductible health plans. These are the sorts
of plans that qualify for Health Savings Accounts, but I’m not entirely
sure of all of the ways the new law affects the old Health Savings
Accounts scheme. Assuming such accounts are still a good tax shelter, the
new law may make them more attractive to people with low-incomes who might
otherwise have been frightened off by the high deductible. (This starts
now.)
Beginning in , all Americans will be
required to carry some minimum amount of health insurance. The way this
will be enforced is through the tax code: there will be a federal excise
tax on non-insured people, payable by those people. As with the social
security system, the Amish managed to finagle themselves a conscientious
objection provision. This tax will be 2.5% of income above the
standard-deduction/personal-exemption filing threshhold, or a fixed
amount: $95 per uninsured person in ,
$325 per in , $695 per in
, and then indexed for inflation
thereafter (whichever is higher). If the cheapest health insurance you can
find still costs more than 8% of your household income, you’re off the
hook for this excise tax; you are also off the hook if you make so little
income that you aren’t required to file an income tax return, if your
lapse of required coverage was less than three months long, or if you are
a resident of a United States possession (e.g. Guam). I’m not the first to
notice that for many people the cost of this excise tax will be far less
than the cost of the insurance. Weirdly, although this excise tax will be
figured on your income tax return and will be part of your total tax
burden for the year, the law specifically forbids the
IRS
from using its ordinary tools of liens, seizures, criminal & civil
penalties, or interest in pursuit of unpaid amounts. This will probably
confuse the hell out of them and make a lot of work for their
CoBOL team. Also, it makes tax refusal a
profitable no-brainer, as without penalties and interest, the unpaid
amount will be eroded by inflation from year to year.
Starting in , health insurers will have
to submit information to the
IRS
about all the people who have health insurace coverage with them, including
contact information, the taxpayer identification (usually social security)
number, details on the coverage, and “such other information as the
Secretary may require.” This could be a snag for non-filers who are
trying to stay off of the
IRS
radar.
There is a new tax attached to most health insurance plans. It starts at
$2 per covered person in , and then rises
each year based on the rise in the cost of health expenses. There is also
a new tax on health insurance companies, starting in
. You won’t pay these taxes directly, but
indirectly via the cost of your health insurance. The same sorts of
insurers that are exempt from federal income tax will also get a
reduction, though not an exemption, in the tax they pay here.
So-called “cadillac” high-end health insurance and reimbursement plans are
heavily taxed to the extent that their benefits exceed a threshhold that
is calculated according to a formula that caused my eyes to glaze over and
made me want to do anything besides think about it. This won’t kick in
until , by which time some subsequent
Congress will probably have mucked with it, so it’s not worth paying much
attention to anyway.
If you’ve gotten used to being able to pay for over-the-counter drugs with
your Health Savings Account, Health Reimbursement Account, or Health
Flexible Savings Account (“cafeteria plan”), you’ll be disappointed to
find that, starting next year, you can only purchase prescription
drugs (or insulin) this way. Furthermore, the penalty for taking
withdrawals from your Health Savings Account for non-authorized purposes
has been increased to 20% of the amount.
There’s a new tax on drug manufacturers and importers, with the proceeds
designated for the Medicare trust fund. This starts in
. There is also a tax on medical devices
(though not things like eyeglasses and hearing aids that are generally
purchased by ordinary schmoes like you and me).
If you are unfortunate enough to have medical expenses that exceed 7.5%
of your adjusted gross income in any particular year, you have been able
to take any amount over 7.5% as an itemized deduction. Starting in
, you’ll have to be even more
unfortunate, as this threshhold will increase to 10%, with some
exceptions.
There’s a new 10% tax on the price of indoor tanning services, starting
in the second half of this year.
Self-employed people have been able to take an above-the-line deduction
for the cost of health insurance for themselves and their dependents.
Under the new law, a dependent can include a child as old as 26 (before,
the child had to be under 19, or under 24 and a full-time student).
Those of you lucky enough to be living off of your investments rather than
from earned income have been exempt from paying social security and
medicare taxes on your income. No longer. As of
, you have to pay a 3.8% medicare tax on
such unearned income to the extent that you rake it in above a certain
threshhold amount.
There is something called the “economic substance doctrine” that says that
if a business engages in some complex economic transaction whose only
effect is to lower the amount of taxes due by qualifying for the literal
provisions of the tax code, without there being any other good reason for
doing the transaction, then the business shouldn’t be able to take
advantage of those tax benefits. This doctrine, though, is more a matter
of custom than of law, and plenty of folks think that the letter of the
law, and not its less-discernable spirit, ought to apply. This new bill
tries to codify this doctrine and make it explicit and more
uniformly-enforcable. I expect that this will make a lot of lawyers very
busy. Since Congress deliberately uses the tax code as a prod to try to
influence people and businesses to make certain decisions that they would
otherwise not make for ordinary economic reasons (indeed this very bill is
full of such provisions), this is weirdly schizophrenic.
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