http://online.wsj.com/news/articles/SB10001424052702304465604579220413773642016
A Large New Tax on Small Business

Dec. 29, 2013

ObamaCare includes so many taxes that it's hard to keep track, but one of
the worst takes effect on Jan. 1. This beaut is a levy on health insurance
premiums that targets the small business and individual markets.

At $8 billion in 2014 and $101 billion over the next decade, the insurance
tax is larger than ObamaCare's taxes on medical devices and prescription
drugs combined. The Internal Revenue Service classifies the tax as a "fee"
but it functions like an excise tax on premiums. The IRS collects an annual
flat amount specified by the Affordable Care Act to be allocated among the
insurers according to market share.

But not all markets. IRS regulations published in November excluded "any
entity that is a self-insured employer to the extent that such employer
self-insures its employees' health risks." Since about four of five
employers with more than 500 workers and most union-negotiated health plans
are self-insured, they are spared from the tax. So is insurance on behalf
of "government entities," such as original Medicare (but not privately run
Medicare Advantage).

This political selectivity means the most gold-plated public, private and
labor plans are exempt and the tax burden falls on the saps who work for
small businesses, the self-employed and individuals—i.e., the people who
can least afford it.

The White House tells business that the tab will be picked up by
deep-pocketed insurers, which is good for a laugh. The Congressional Budget
Office reports the tax will be "largely passed through to consumers in the
form of higher premiums" and "would ultimately raise insurance premiums by
a corresponding amount." The Joint Tax Committee and private economists,
such as former CBO director Doug Holtz-Eakin, say the tax will boost
insurance costs about 2% to 2.5%. The consultant Oliver Wyman estimates the
take will rise to as much as $500 per covered worker by decade's end.

Wasn't the Affordable Care Act supposed to be about expanding coverage in
part by lowering premiums, not slapping on more overhead? By this liberal
logic taxing cigarettes should create more smokers.

Oh, and to salt the wound, this "fee" is not deductible for corporate
income tax purposes. In other words, health plans pay the tax and then
federal and state taxes on the taxed amount. Mr. Holtz-Eakin estimates this
unusual taxes-on-taxes rule means that the effect on premiums is 54% larger
than the dollar amount of the tax itself.

The research arm of the National Federation of Independent Business
calculates that the higher insurance costs will shrink hiring by 146,000 to
262,000 jobs over the next decade, with 59% of those losses hitting small
business. They'll also be further encouraged to dump coverage and send
their workers to the mercies of the ObamaCare exchanges. The latter was
probably a main liberal purpose from the start.

Louisiana Republican Charles Boustany and Utah Democrat Jim Matheson's
repeal bill already has 229 cosponsors, or a House majority, including some
dozen Democrats. The White House naturally promises a veto. Happy New Year.





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