Retail Exemption Dominates Medical Device Excise Tax Hearing

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IRS's approach to the medical device excise tax retail exemption dominates public comments at the agency's hearing. Speakers at the hearing on proposed rules (REG-113770-10) generally urge IRS to provide greater clarity on aspects of the exemption ranging from application to orthotics and prosthetics, to definitional clarity, to prevention of an audit checklist. “For the sake of better clarity and predictability, we believe IRS should create more bright-line rules, particularly with regard to devices designed for and used by individual consumers outside health care institutions and without the need for medical professional help,” said Cara C. Bachenheimer, senior vice president of government relations for Invacare.

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