Deadly Drug-Resistant Staph Infections On The Rise In U.S

The debate about health care reform is starting… again.

Here’s why. The Senate passed a bill and the House passed a bill. They have some significant differences to work out. Two of the biggest issues? Paying for the thing and abortion. Neither of those discussions will prove to be an easy task.

But for all of the hoopla and all of the press surrounding the reform, I was shocked, in my chats over the holidays, to find that most Americans really have no idea what’s in the plan – and what isn’t.

I guess I should say “initially shocked.” The more that I thought about it, it’s not too surprising that few folks can figure it out. The bills have been long and cumbersome. The hype surrounding them – on both sides – has been incredible.

So here are a few facts as they relate to funding and tax. I’m not going to focus on the bigger, social issues, like abortion, because that’s not what this blog is about. But rest assured, I have a few opinions on those topics, too…

First, cost. As blogged previously, the cost of the reform is enormous. Current estimates for both versions of the bill put the total cost at somewhere around $1.1 trillion. Trillion. As in $1,100,000,000,000. It would take you about 200,000 years to count to a trillion. It takes Congress about 10 years to spend it. But to make it palatable, they’re going to have to raise some money.

Second, the so-called Cadillac tax. The Senate version of the bill boosts the threshold for the tax on premium plans to $8,500 for an individual and $23,000 for a family receiving employer-sponsored benefits. The Senate also included a provision under which the threshold can be raised (or eliminated) in certain circumstances based on occupation, geography and age. That particular concession was thought to be a nod to unions who opposed the tax; according to a study by the National Opinion Research Center, 21% of companies with unionized workers offered benefit plans in excess of $23,000. Sen. Harry Reid (D-NV) offered a “manager’s amendment” to the bill in late December, which among other things, added longshoremen to the list of those who could be exempted from the tax; other exemptions include electrical linemen, police officers, fire fighters, paramedics, and emergency medical technicians, construction workers and farmers.

If not otherwise exempt, health care plans that cost more than those amounts would be subject to a 40% tax on the overage. The insurer would actually bear the burden of the tax but is expected to pass it along to the consumer (hence, the opposition). The Congressional Joint Committee on Taxation estimates that 14% of family health policies and 19% of individual policies would be hit by the tax in 2013; 37% of family policies and 41% of individual policies would be affected by 2019.

Third, flexible spending accounts. They won’t be quite so flexible. These accounts currently allow employees to use pre-tax dollars to pay for out-of-pocket costs that insurance won’t cover (diabetic testing supplies and glasses are good examples). Under the Senate version, there would be a $2,500 annual cap on those plans. The money in the plan would also count towards the $23,000 Cadillac tax threshold.

Fourth, tanning salons. The “Botax” is out. It’s been replaced by a tax on tanning. Makes total sense (not).

Fifth, increased taxes on people making over $200,000 a year. The Senate version increased the Medicare payroll tax to an additional 0.9%, putting the tax at 2.35% on those making more than $200,000 a year for individuals and $250,000 for couples. The original plan included a .5% increase.

What does all of this get us? Some compromise version of the bill will make insurance available to 31 million Americans who are currently uninsured by requiring Americans to buy insurance and subsidizing those who can’t afford it. Companies with 50 or more employees will be subject to penalties if they do not provide health care. The bill will also prevent insurance companies from denying coverage to people with pre-existing medical conditions, a factor which is believed to contribute to extraordinarily high health care costs.

As expected, the vote in the Senate was strictly along party lines. The tally was 60 yes, 39 no and 1 abstention; Sen Jim Bunning (R-KY) did not vote, citing “family commitments.”

Congress and President Obama are both pushing hard to get a final law pushed through by the end of the year. That’s going to mean some concessions – probably coming from the House. Senator Bob Menendez (D-NY) expects that the final law will look more like the Senate version than the House. What compromises will be made are yet to be determined – but I have a good idea… You?

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Federal Estate Tax Update

December 28, 2009 · 2 comments

Um, there is none. Seriously. And just three more days left in the year. The discussions about the constitutionality of a retroactive tax have already started flying. My two cents: it’s a stupid idea but it will likely pass muster.

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Quotes at Christmas

December 25, 2009 · 4 comments

Christmas is the time when kids tell Santa what they want and adults pay for it. Deficits are when adults tell government what they want and their kids pay for it.
- Richard Lamm

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The holidays have became a lot merrier for the families of those taken hostage in a standoff in Wytheville, Virginia on yesterday. Late last night, the gunman, identified as Warren “Gator” Taylor, 53, of Sullivan County, Tennessee, surrendered. All three hostages walked out of the post office – thankfully, no one was injured.

There were allegations from Gator that he had guns and explosives. There were weapons found at the scene, though, according to local reports, there is no confirmation that there were actually explosives.

Police say gunman’s only demand during the standoff was pizza. The pizza, delivered by Pizza Hut (imagine getting that call), arrived late.

Officials have no motive in the hostage situation. Initial reports indicate that Gator did not appear angry but did complain from time to time during the stand-off about the government and taxes.

Really? He held three people at gunpoint for nine hours to complain about taxes? Apparently he felt that the best way to get people to listen to you complain about taxes is to take them hostage. As an attorney, I’ll go on record as saying that I don’t recommend it… Get yourself a blog instead.

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Ask the taxgirl: “New To You” Car Tax Credit?

24 December 2009

Taxpayer asks:
Hi Tax Girl!
My husband bought a new car this year while all the tax credit for new car purchase commercials were going on. The catch? It’s a 2009 car, but was previously owned. Does it count as a New Car for the purposes of the new car tax credit?
Thanks so much for your help!
Enjoying [...]

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Tanned in the USA

23 December 2009

That collective sigh of relief that you just heard? It was Hollywood, taking comfort in the fact that the cosmetic surgery tax is off the table in the race to pay for health care reform.
But don’t start laughing just yet, George Hamilton.

It’s been replaced with a 10% tax on tanning services.
And yes, it won’t [...]

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World Series Champs Pay Hefty Luxury Tax

22 December 2009

How much does it cost to win a world championship? Apparently, just over $226 million. That’s how much the New York Yankees reportedly paid their players this year.
Today, the reigning world champs in baseball were assessed a luxury tax of $25.69 million as a result of their crazy spending. The Yanks are the [...]

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Taxes, Donations and Lending a Hand

21 December 2009

In the tradition of tax years past, it’s the season to talk about charitable contributions!
Charitable donations are an excellent way to reduce your tax burden for the year, all while doing something for the greater good. But as with everything in tax law, there are rules that need to be followed.
For one, [...]

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Thank You!

21 December 2009

You like me! You really like me!

I’ve recently been recognized by a few other blogs and pubs and I’ve been terribly remiss with my thank yous. So, indulge me for a minute or two…
Thanks to the ABA Journal for my nomination as a best legal blog for 2009. And thanks to those [...]

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Lawyers Don’t Get Free Ride

21 December 2009

Two lawyers had their licenses suspended last week for a failing to pay taxes. The two had been under investigation since last year.
The lawyers, John J.P. Howley, the former head of pro bono at Kaye Scholer, and Ronald A. Goldman, a partner at Manning Raab Dealy & Sturm, had previously pleaded guilty to the [...]

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