Let's ditch the paperwork, Senate says

The Senate has approved by a 81-to-17 margin an amendment to the FAA reauthorization bill (S. 223) currently under debate in the Senate that would repeal new IRS Form 1099 reporting requirements for businesses. The measure, offered by Sen. Debbie Stabenow, D-Mich., is offset by rescinding $44 billion in previously approved but unobligated discretionary spending; however, unobligated funds of the Defense and Veterans Affairs Departments and the Social Security Administration would not be affected.

The requirement was signed into law as part of the Patient Protection and Affordable Care Act (PPACA) (P.L. 111-148) and has been widely decried by small businesses as an unnecessary paperwork burden. The provision mandated that all businesses file a return for payments to vendors in excess of $600 beginning in 2012 and was estimated to raise some $19 billion over 10 years to help offset the cost of health care reform.

The repeal has widespread bipartisan support and White House backing, but previous attempts to repeal the bill have failed as lawmakers could not reach agreement on how to offset the legislation. Ironically, Democrats in November 2010 defeated, by a 61-to-35 margin, a repeal measure offered by Sen. Mike Johanns, R-Neb., that also called for offsetting the cost with unused federal funds. A repeal bill with no offsets was offered at the same time by Senate Finance Committee Chairman Max Baucus, D-Mont. and fell by a 44-to-53 margin.

Stabenow estimated that, if Congress failed to repeal the requirement, Form 1099 filings for businesses would increase an estimated 2,000 percent. "If left unchecked, this 1099 provision would tie up 40-million small businesses in red tape and burdensome IRS reporting requirements, so we need to fix it now," said Stabenow. "This amendment is a common-sense solution for business owners who need to be focused on creating jobs, not filling out paperwork for the IRS." 

For a comprehensive analysis of the Patient Protection and Affordable Care Act, and additional information on health reform and other developments in employee benefits, just click here.

No tax on health care benefits - until 2018

There have apparently been concerns among many employees that passage of health care reform would mean that they would have to pay tax on the value of health benefits they receive from their employers. One source of this rumor was probably the fact that there is now a space for employers to include, if they wish, the cost of health benefits on the 2011 W-2 Form, which the IRS has just released. Inclusion of the information will be mandatory starting in 2012.

One example, from charlestonteaparty.org, states "Starting in 2011, (next year folks), your W-2 tax form sent by your Employer will be increased to show the value of whatever health insurance you are given by the company. It does not matter if that’s a private concern or governmental body of some sort. If you’re retired? So what; your gross will go up by the amount of insurance you get."

The entry goes on to state that: "You will be required to pay taxes on a large sum of money that you have never seen. Take your tax form you just finished and see what $15,000 or $20,000 additional gross does to your tax debt. That’s what you’ll pay next year. For many, it also puts you into a new higher bracket so it’s even worse. This is how the government is going to buy insurance for the 15% that don’t have insurance and it’s only part of the tax increases."

However, in a blog on the White House website, http://www.whitehouse.gov/blog/2010/10/12/putting-old-rumor-rest, Stephanie Cutter, Assistant to the President for Special Projects, has pointed out that the amount definitely will not be taxed. The reason for the new reporting requirement in Box 12 of the W-2 Form is, according to Cutter, writing to consumers, “so you can know more about your benefits and you are an empowered consumer.”

This is not entirely true either, however. While the White House is busy crowing over the fact that it has, at least in this sense, proven the health care reform naysayers wrong, it should be pointed out that there will be a tax on the cost of some health benefits, just not until 2018.

A 40-percent excise tax will be imposed on health coverage providers starting in 2018, to the extent that the aggregate value of employer-sponsored health coverage for an employee exceeds a threshold amount (Code Sec. 4980I, as added by Act Sec 9001(a) of the Patient Protection and Affordable Care Act (P.L. 111-148), and amended by the Health Care and Education Reconciliation Act of 2010 (P.L. 111-152).

This is the tax on so-called "Cadillac" health plans. The dollar limits for determining the tax thresholds will generally be $10,200 multiplied by a health cost adjustment percentage for an employee with self-only coverage, and $27,500 multiplied by a health cost adjustment percentage for an employee with coverage other than self-only coverage.

The good news for employees is that the insurance companies, not consumers, will be responsible for paying the tax, and the vast majority of plans are not likely to reach the threshold.

For more information. For a comprehensive analysis of the Patient Protection and Affordable Care Act, and additional information on health reform and other developments in employee benefits, just click here.