Frank DiPaola, EA

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Patient Protection and Affordable Care Act

Health Care and Education Reconciliation Act of 2010

 

President Obama has signed into law sweeping new health care reform! The legislation is in two parts consisting of the "Patient Protection and Affordable Care Act (H.R. 3590)", and the "Health Care and Education Reconciliation Act of 2010 (H.R. 4872)". These bills were signed into law on March 23, 2010 and March 30, 2010 respectively.

While the primary purpose of this reform is to mandate that all U.S. residents obtain health insurance coverage, the law creates many tax credits and penalties on employers and taxpayers for failure to do so. In addition, there are several new rules that were created to raise the necessary funds to pay for this reform. Many of these provisions do not become effective until year 2011 or later. See the timeline below:

Tax Year 2009

  • Student loan debt forgiveness for medical professionals that have participated in a program to bring medical care to underserved areas are able to exclude the forgiveness of debt from taxable income.

Tax Year 2010

  • Health insurance coverage and reimbursements for children under age 27 excluded from gross income;

  • 10% excise tax on certain indoor tanning services beginning July 1, 2010;

  • Adoption credit increased to $13,170. It is now a refundable credit. The credit has also been extended through 2011;

  • Small business health care tax credit created;

  • $250 one-time rebate is not taxable for people who reach the Medicare prescription drug coverage gap in 2010 (Medicare Part D).

Tax Year 2011

  • Employers are no longer allowed to deduct from their taxes the value of benefits bought for retirees with government subsidies in order to provide retiree prescription drug coverage under Medicare Part D;

  • Businesses must begin reporting the value of health care benefits on employees' W-2 statements (NOW OPTIONAL FOR 2011). These benefits are NOT taxable;

  • Money in flexible spending arrangements (FSA's), health savings accounts (HSA's), Archer medical savings accounts (MSA's), and other health reimbursement arrangements (HRA's) CANNOT be used for over-the-counter medicines unless they are prescribed by a doctor.

  • The penalty for using health savings account (HSA) funds for non-qualified medical expenses increases from 10% to 20%. The penalty for using an Archer medical savings account (MSA) for non-qualified medical expenses increased from 15% to 20%.

  • Simple Cafeteria Plans - Small employers that employed an average of 100 or fewer employees during the previous two years can establish a simple cafeteria plan. A simple cafeteria plan is deemed to meet the stricter nondiscrimination requirements of traditional cafeteria plans. Simple cafeteria plans must still meet certain contribution and eligibility requirements.

Tax Year 2012

  • Expanded Form 1099 Information Reporting (REPEALED).

Tax Year 2013 and Beyond

This will be updated as we get closer to year 2013

View the Entire Acts (Bills) Passed By U.S. Congress

Download PDF File Patient Protection and Affordable Care Act

Download PDF File Health Care and Education Reconciliation Act of 2010


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Last Revised December 30, 2011