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9015 - Additional Hospital Insurance Tax on High-Income Taxpayers

 
Implementation Status 
Statutory Text 

Summary

Amended by sections 10906 of the Manager’s Amendment and 1402 of HCERA. Increases
the Medicare Hospital Insurance tax rate by 0.9 percentage points on wages in excess of $200,000 ($250,000 for married couples filing jointly and $125,000 for married taxpayers filing separately). Also imposes an additional “Unearned Income Medicare Contribution” tax of 3.8 percent on the lesser of 1) net investment income – such as interest, dividends, annuities, royalties and rents, other than income derived in the ordinary course of a trade or business – for the taxable year; or 2) the modified adjusted gross income for such taxable year that is over a threshold amount. Applies to estates and trusts under parameters also delineated under this section. Generally exempts active partnership interests and S-corporations from the tax except under specified circumstances. Effective for remuneration received and taxable years beginning after December 31, 2012.

#Hospitals, #Tax

Implementation Status

 
Summary 
Statutory Text 

The IRS issued a December 5, 2012 proposed rule on the additional Medicare tax as well as a related Q&A. Additionally, the IRS released a December 5, 2012 proposed rule and corresponding Q&A regarding the net investment tax applicable to certain individuals, estates and trusts.

As noted in a March 22, 2013 Federal Register Notice, a previously scheduled April 4 hearing regarding the Additional Hospital Insurance Tax was cancelled because no one requested to speak.

In its semi-annual regulatory agenda published on July 23 in the Federal Register, the Treasury Department notes a final rule, “Special Rules Under the Additional Medicare Tax,” slated for final action in December 2013, providing “guidance for employers and employees relating to the implementation of the Additional Medicare Tax.”

On Nov. 26, the IRS released final regulations on the additional Medicare tax applicable to wages over specified thresholds. Also on Nov. 26, the IRS published final regulations on the Net Investment Income Tax providing “guidance on the general application of the Net Investment Income Tax and the computation of Net Investment income” and, in tandem, released a proposed rule on the Net Investment Income Tax that withdraws a Dec. 2, 2013, proposed rule and solicits comments by March 3, 2014, on selected proposed provisions; these “propose additions and modifications to the 2013 Final Regulations, including guidance with respect to certain paragraphs that were reserved in the 2013 Final Regulations.”

On Mar. 16, the IRS circulated a tax tip on the computation of the additional Medicare tax on higher earners.

Statutory Text

 
Implementation Status 
Summary 

SEC. 9015. ADDITIONAL HOSPITAL INSURANCE TAX ON HIGH-INCOME
TAXPAYERS.
(a) FICA.—
(1) IN GENERAL.—Section 3101(b) of the Internal Revenue
Code of 1986 is amended—
(A) by striking ‘‘In addition’’ and inserting the following:
‘‘(1) IN GENERAL.—In addition’’,
(B) by striking ‘‘the following percentages of the’’ and
inserting ‘‘1.45 percent of the’’,
(C) by striking ‘‘(as defined in section 3121(b))—’’ and
all that follows and inserting ‘‘(as defined in section
3121(b)).’’, and
(D) by adding at the end the following new paragraph:
As revised by section 10906(a)
‘‘(2) ADDITIONAL TAX.—In addition to the tax imposed by
paragraph (1) and the preceding subsection, there is hereby
imposed on every taxpayer (other than a corporation, estate, or
trust) a tax equal to 0.9 percent of wages which are received
with respect to employment (as defined in section 3121(b)) during
any taxable year beginning after December 31, 2012, and
which are in excess of—øAs revised by section 1402(b)(1)(A) of
HCERA¿
‘‘(A) in the case of a joint return, $250,000,
‘‘(B) in the case of a married taxpayer (as defined in
section 7703) filing a separate return, 1⁄2 of the dollar
amount determined under subparagraph (A), and
‘‘(C) in any other case, $200,000.’’.
(2) COLLECTION OF TAX.—Section 3102 of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new subsection:
‘‘(f) SPECIAL RULES FOR ADDITIONAL TAX.—
‘‘(1) IN GENERAL.—In the case of any tax imposed by section
3101(b)(2), subsection (a) shall only apply to the extent to
which the taxpayer receives wages from the employer in excess
of $200,000, and the employer may disregard the amount of
wages received by such taxpayer’s spouse.
‘‘(2) COLLECTION OF AMOUNTS NOT WITHHELD.—To the extent
that the amount of any tax imposed by section 3101(b)(2)
is not collected by the employer, such tax shall be paid by the
employee.
‘‘(3) TAX PAID BY RECIPIENT.—If an employer, in violation
of this chapter, fails to deduct and withhold the tax imposed
by section 3101(b)(2) and thereafter the tax is paid by the employee,
the tax so required to be deducted and withheld shall
not be collected from the employer, but this paragraph shall in
no case relieve the employer from liability for any penalties or
additions to tax otherwise applicable in respect of such failure
to deduct and withhold.’’.
(b) SECA.—
(1) IN GENERAL.—Section 1401(b) of the Internal Revenue
Code of 1986 is amended—
(A) by striking ‘‘In addition’’ and inserting the following:
‘‘(1) IN GENERAL.—In addition’’, and
(B) by adding at the end the following new paragraph:
‘‘(2) ADDITIONAL TAX.—As revised by section 10906(b)
‘‘(A) IN GENERAL.—In addition to the tax imposed by
paragraph (1) and the preceding subsection, there is hereby
imposed on every taxpayer (other than a corporation,
estate, or trust) for each taxable year beginning after December
31, 2012, a tax equal to 0.9 percent of the self-employment
income for such taxable year which is in excess
of—øAs revised by section 1402(b)(1)(B) of HCERA¿
‘‘(i) in the case of a joint return, $250,000,
‘‘(ii) in the case of a married taxpayer (as defined
in section 7703) filing a separate return, 1⁄2 of the dollar
amount determined under clause (i), and
‘‘(iii) in any other case, $200,000.
‘‘(B) COORDINATION WITH FICA.—øAs revised by section
1402(b)(1)(B) of HCERA¿ The amounts under clause (i),
(ii), or (iii) (whichever is applicable) of subparagraph (A)
shall be reduced (but not below zero) by the amount of
wages taken into account in determining the tax imposed
under section 3121(b)(2) with respect to the taxpayer.’’.
(2) NO DEDUCTION FOR ADDITIONAL TAX.—
(A) IN GENERAL.—Section 164(f) of such Code is
amended by inserting ‘‘(other than the taxes imposed by
section 1401(b)(2))’’ after ‘‘section 1401)’’.
(B) DEDUCTION FOR NET EARNINGS FROM SELF-EMPLOYMENT.—
Subparagraph (B) of section 1402(a)(12) is amended
by inserting ‘‘(determined without regard to the rate
imposed under paragraph (2) of section 1401(b))’’ after ‘‘for
such year’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to remuneration received, and taxable
years beginning, after December 31, 2012.

Browse ACA Titles

  • I-Quality, Affordable Health Care for all Americans
  • II-Role of Public Programs
  • III-Improving the Quality and Efficiency of Health Care
  • IV-Prevention of Chronic Disease and Improving Public Health
  • V-Health Care Workforce
  • VI-Transparency and Program Integrity
  • VII-Improving Access to Innovative Medical Therapies
  • VIII-Community Living Assistance Services and Supports (CLASS ACT)
  • IX-Revenue Provisions

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