Compliance News | February 25, 2019

Bill to Repeal the Affordable Care Act’s Excise Tax on High-Cost Plans

A House bill (H.R. 748) to repeal the Affordable Care Act’s 40 percent excise tax on high-cost health plans, often referred to as the “Cadillac tax,” has been introduced by six representatives from both parties.

The 40 percent excise tax was initially scheduled to take effect in 2018. The effective date has been delayed twice. The most recent delay, to January 1, 2022, was part of last year’s Continuing Resolution to fund the federal government.

H.R. 748 would amend the Internal Revenue Code to permanently repeal the excise tax. At this time, the bill does not include any offsets for the projected federal revenue from the tax.

At the end of December 2018, the House of Representatives passed legislation to delay three Affordable Care Act taxes. The bill included a five-year delay of the medical device tax; a two-year delay of the health insurance premium tax; and one-year delay of the excise tax on high-cost plans. The Senate did not take action on this bill, and subsequent government funding bills enacted into law did not include these provisions. As Congress debates budget and appropriations bills later this year, it is possible that another delay in the excise tax could be passed.

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