Some Taxes May Remain Even if Health Reform Law Is Overturned

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Even if the Supreme Court strikes down the entire health care law, a number of tax provisions prompted by it could still remain, analysts tell BNA. A key focus of the court is on the constitutionality of the Patient Protection and Affordable Care Act's mandate requiring individuals to buy insurance or pay a tax penalty. However, Congress also passed the Health Care and Education Reconciliation Act of 2010, which was signed into law a week after PPACA and allowed Senate Democrats to add new, more controversial tax provisions to help pay for the health care overhaul without having to achieve the crucial 60-vote threshold that was needed to pass the initial bill. The reconciliation bill included several provisions that were unique from PPACA, such as the new 2.3 percent excise tax on medical devices and a 3.8 percent tax on investment income for high-income households.

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