When the Affordable Care Act was passed in 2010, one provision was a new 3.8 percent Net Investment Tax effective in 2013. Although the tax will generally hit high-end taxpayers (threshold is $250,000 for married and $200,000 for single), because of the way many parents choose to report their children's investment income, the tax will likely hit many other children as well.
While the basic application of this tax has been known since passage, the specific effects have become more apparent recently as the IRS issued its final rules, forms, and instructions. Last Friday, the IRS published a tip on its website entitled "Tax Rules for Children with Investment Income." Included is this note regarding the Net Investment Tax [emphasis added]:
Starting in 2013, a child whose tax is figured on Form 8615 may be subject to the Net Investment Income Tax. NIIT is a 3.8% tax on the lesser of either net investment income or the excess of the child's modified adjusted gross income that is over a threshold amount...
The new tax paid on children's income will be part of a so-called "kiddie tax" that stems from 1980s tax reform when Congress sought to recover taxes that were being lost on income from assets transferred from parents to children ("child" is defined as under age 19, or under age 24 if a full-time student.) Investment income over $2,000 is taxed at the parents' highest rate instead of the rate used for regular income for the child. And if the parents' income exceeds the NIIT threshold, the child's investment income is also subject to the additional 3.8 percent tax.
The above scenario represents the simplest application of the regulations; individual situations can be more complex and will vary from person to person. But according to a tax accountant interviewed by THE WEEKLY STANDARD for this story, "The bottom line: you will get a lot of upper-middle-class taxpayers paying an additional NIIT if they have shifted enough income-producing assets to their children via gift." So while the tax was aimed at high-income taxpayers, it turns out Obamacare will hit some low age taxpayers as well.
In mid-October, the Maryland Health Benefit Exchange quietly postponed all of the forums it had scheduled to inform small businesses about the Small Business Health Options Program (SHOP), as we reported.
It looks like labor unions might be getting tax relief from Obamacare, according to a report from kaiserhealthnews.org.
"Weeks after denying labor’s request to give union members access to health-law subsidies, the Obama administration is signaling it intends to exempt some union plans from one of the law’s substantial taxes," reads the report.
One day away from the launch of the Obamacare marketplaces, the question most on the minds people visiting the Healthcare.gov website is not about coverage, but rather about avoiding the penalty, or tax, for not having health insurance. As of Monday morning, here is how the website listed its "Most Popular" items:
If you are a U.S. senator and have a cool idea about taxes but are worried to speak it aloud for fear some of your constituents will peel your hide off in small strips ... well, there is hope. A couple of your colleagues have come up with a plan.
Republicans forged ahead in their effort to transform North Carolina into a reliably red state, with Gov. Pat McCrory and top legislature leaders agreeing Monday on a tax cut plan to boost economic growth and job creation.
The House of Representatives is scheduled Tuesday to consider a bipartisan bill to add new seasonal flu vaccines to the IRS definition of taxable vaccines. The Senate has already reached an agreement to vote on its version of the bill without further debate if the House passes an identical version. If passed into law, all new flu vaccines would become subject to the 75¢ per dose vaccine tax, and also become eligible to be included in the Vaccine Injury Compensation Program (VICP). A summary of the bill provided by the House Republican Conference explains:
Bernie Becker and Kevin Bogardus write in The Hill that, according to “two top tax writers on Capitol Hill ... the case for tax reform has been strengthened by the recent revelations about Apple’s tax tactics and the Internal Revenue Service’s targeting of conservative groups.”
In his prepared remarks on the IRS’s targeting of his political opponents, President Obama said that “we’re going to hold the responsible parties accountable,” but only once we determine “who is responsible.” In today’s Wall Street Journal, Kim Strassel offers some helpful thoughts on determining responsibility, writing that it’s really not all that hard — and, indeed, it’s not.