Excise Tax

May and June Filing and Notice Deadlines for Qualified Retirement and Health and Welfare Plans

by King & Spalding on 5/7/2013

Employers and plan sponsors must comply with numerous filing and notice deadlines for their retirement and health and welfare plans. Failure to comply with these deadlines can result in costly penalties and excise taxes. To...more

IRS Issues Proposed Regulations on the New Community Health Needs Assessments Required for Charitable Hospitals

by Judd Harwood, Evelyn McKinney | Bradley Arant Boult Cummings LLP on 4/25/2013

On April 5, 2013, the Internal Revenue Service published proposed regulations (Proposed Regulations) in the Federal Register that provide guidance to charitable hospital organizations on the community health needs assessment...more

March 2013 - SALT Shaker Newsletter

by Mary Alexander, Andrew Appleby, Zachary Atkins, Madison Barnett, Todd Betor, Scott Booth, Christopher Chang, Timothy Gustafson, Sahang-Hee Hahn, Jessica Kerner, Pilar Mata, more +Kathryn Pittman, David Pope, Jack Trachtenberg | Sutherland Asbill & Brennan LLP on 4/1/2013

In this issue: - Delivered by Independent Contractors, Undelivered by P.L. 86-272: Order Fulfillment Activities Subject Out-of-State Seller to New York Corporation Franchise Tax - Everything’s Bigger in Texas,...more

Sellers of Medical Devices May Need to Collect Sales Tax on Excise Surcharges

by Amol Jain | Berkeley Research Group, LLC on 2/25/2013

Starting this year, manufacturers and importers of certain medical devices must remit to the federal government a 2.3-percent excise tax on the sale of these devices (as discussed previously in this post). Many sellers pass...more

Tennessee Appeals Court Holds that Tenant Is Required to Pay Landlord’s Tennessee Excise Tax

by Brett R. Carter, Joseph Gibbs, Patricia Head Moskal | Bradley Arant Boult Cummings LLP on 2/25/2013

The Tennessee Court of Appeals ruled on January 2, 2013 that a tenant was required to pay its landlord’s Tennessee excise tax liability, based on the terms of the applicable lease agreement. J-Star Holdings, LLC v. The...more

Spotlight on Tennessee: Factoring Transactions Are Not Subject to Related Party Intangible Expense Add-Back Statute

by Baker, Donelson, Bearman, Caldwell &... on 2/13/2013

In 2012, Tennessee amended the excise tax statute to require prior approval before allowing intangible expenses to be deducted from net earnings for intangible expenses paid by one related party to another related party. In...more

Sales of Certain Medical Devices Now Subject To The Medical Device Excise Tax

by Daniel Cooper | Armstrong Teasdale LLP on 2/11/2013

Effective January 1, 2013, manufacturers, importers and producers of certain medical devices are subject to an excise tax equal to 2.3 percent of the price at which the medical device is sold. You should note that this excise...more

Proposed Laws Would End Federal War on Pot

by Josh Crank | Lawyers.com on 2/7/2013

Two Democratic congressmen introduced bills yesterday that would drastically reform federal policy on marijuana. Colorado Rep. Jared Polis introduced The Ending Marijuana Prohibition Act of 2013, which would allow...more

Healthcare Sector Under Scrutiny: Congressional Oversight of the Affordable Care Act by Daniel F. Donovan and William Clarkson

by King & Spalding on 2/5/2013

"I've long maintained that there are three possible routes to repeal of ObamaCare: the courts, the presidential election, and our constitutional responsibility for oversight. With two of them having come up short, the third...more

Roadmap to Compliance: Navigating the Employer Shared Responsibility Rules

by Leigh Riley, Erik Vogt | Foley & Lardner LLP on 1/31/2013

Earlier this month, the IRS issued proposed regulations that provide much-needed guidance on the new “pay or play” rules (also called the shared responsibility rules) that will apply to employers’ group health plans beginning...more

Spotlight on Tennessee: Did the Department of Revenue Just Announce Plans to Assert Economic Presence Nexus?

by Baker, Donelson, Bearman, Caldwell &... on 1/29/2013

If polled, most practitioners and commentators would likely contend that the State of Tennessee requires an out-of-state company (that is not a financial institution) to have a physical presence in Tennessee before the...more

Reed Smith Massachusetts Quarterly Update - 4th Quarter 2012

by Michael Jacobs, Robert Weyman | Reed Smith on 1/21/2013

Welcome to the first of a new series of quarterly updates from Reed Smith on state tax developments in Massachusetts. Every three months we will be updating you on the key cases and administrative releases, as well as...more

Excise Tax Kicks In Jan. 1 On Certain Medical Devices

by Scott D. Alfree, Lawrence P. Burns, Pamela Emenheiser, Zachary J. Meyer | Varnum LLP on 12/28/2012

Beginning January 1, 2013, manufacturers and importers of certain medical devices will be required by the U.S. Internal Revenue Service (IRS) to pay a new 2.3 percent medical device excise tax on the sales of taxable medical...more

Foley Hoag and AdvaMed Collaborate on Industry Guidance on Retail Exemption in Final Device Tax Regulations

by Thomas Barker, Ross Margulies | Foley Hoag LLP on 12/24/2012

Foley Hoag and the Advanced Medical Technology Association (AdvaMed) collaborated on an important resource guiding manufacturers, importers, and producers of taxable medical devices through the newly released Internal Revenue...more

No Oregon Income Tax Nexus For Company Owning Intangibles Used In State

by Gregg D. Barton, Robert (Bob) L. Mahon | Perkins Coie on 12/21/2012

A federal bankruptcy court judge has held that Washington Mutual, Inc. (WMI), a parent holding company that owned bank subsidiaries conducting business in Oregon, did not have nexus in Oregon by virtue of its ownership of the...more

Health Reform + Related Health Policy News Update - December 19, 2012

by Polsinelli on 12/20/2012

In This Issue: - President Opposes Medical Device Tax Repeal or Replace - Senators Call for Extension of Comment Period on ACA Proposed Rules - AHA Urges U.S. District Court to Expedite Case Involving CMS' Payment...more

IRS Releases Final Rule on Medical Device Tax

by King & Spalding on 12/18/2012

Last week, the IRS and the Treasury Department published final regulations regarding the medical device excise tax under § 4191 of the Internal Revenue Code (IRC). IRC § 4191, which was enacted by the Health Care and...more

Medical Devices To Be Taxed: Manufacturers and Importers Be Prepared

by Felicia Leborgne Nowels | Akerman Senterfitt on 12/18/2012

Beginning January 1, 2013, manufacturers, producers, and importers of medical devices must report and pay a 2.3% excise tax on the sales price of taxable medical device pursuant to Section 4191 of the Internal Revenue Code...more

New Rules Will Be “Taxing” On Medical Device Manufacturers

by Christine J. Kim, Richard (Rich) E. Peterson | Perkins Coie on 12/13/2012

The U.S. Department of the Treasury and the Internal Revenue Service (IRS) recently issued much-anticipated final regulations under Section 4191 of the Internal Revenue Code (Code), which imposes a 2.3% tax on sales of any...more

IRS Issues Device Tax Regulations; Industry Braces for 2013 Implementation

by Frances Emmeline Babb, M. Elizabeth Bierman, Michele L. Buenafe, Roderick K. Donnelly | Morgan Lewis on 12/12/2012

Pending the January 1 effective date, final regulations and interim guidance on the medical device excise tax provide some clarity but leave many questions unanswered. On December 7, the Internal Revenue Service (IRS)...more

Treasury Issues Binding Guidance On Medical Device Excise Tax

by Rosemary Becchi, George Schutzer | Patton Boggs LLP on 12/12/2012

The Department of the Treasury and the Internal Revenue Service (IRS) published in the December 7, 2012 Federal Register final regulations and released other interim guidance on the implementation of the new excise tax on...more

IRS Issues Final Regulations Implementing the Affordable Care Act’s Medical Device Excise Tax

by King & Spalding on 12/12/2012

On December 5, 2012, the Internal Revenue Service (IRS) published final regulations regarding the implementation of the excise tax applicable to the sale of certain medical devices, enacted by the Patient Protection and...more

Final Rules Issued for Health Care Reform Tax on Medical Devices, Effective January 1, 2013

by Jean C. Hemphill, Laura A. Kowal | Ballard Spahr LLP on 12/11/2012

The Internal Revenue Service (IRS) released final regulations and other guidance on the excise tax applicable to the sale of certain medical devices under the Affordable Care Act. Beginning January 1, 2013, a tax of 2.3...more

IRS Issues Final Regulations for Medical Device Excise Tax Effective January 1, 2013: Industry Continues to Seek Delay or Repeal

by Ropes & Gray LLP on 12/10/2012

The IRS recently published final regulations to implement the 2.3 percent medical device excise tax scheduled to go into effect on January 1, 2013. The final rule makes no major changes from the proposed rule issued earlier...more

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