ACA News & Publications

ACA Pathways: Cadillac Tax Effective Date Delayed

December 22, 2015

President Obama has signed a federal budget bill for 2016 into law that makes significant changes to three tax provisions under the Affordable Care Act (ACA), effective December 18, 2015, the date of the bill's enactment. This federal budget bill: Delays implementation of the ACA's Cadillac tax on high-cost group health coverage for two years, until 2020; Imposes a one-year moratorium on the collection of the ACA's health insurance providers fee for 2017; and Imposes a two-year moratorium on the ACA's medical device excise tax for both 2016 and 2017.

Cadillac Tax Delayed

The ACA imposes a 40 percent excise tax on high-cost group health coverage, also known as the "Cadillac tax." This tax is intended to encourage companies to choose lower-cost health plans for their employees, but also to raise revenue to fund other ACA provisions. This provision taxes the amount, if any, by which the monthly cost of an employee's applicable employer-sponsored health coverage exceeds the annual limitation (called the employee's excess benefit). The tax amount for each employee's coverage will be calculated by the employer and paid by the coverage provider who provided the coverage.

Although originally intended to take effect in 2013, the Cadillac tax was immediately delayed until 2018 following the ACA's enactment. The federal budget bill further delays implementation of this tax for an additional two years, until 2020. The budget bill also:

  • Removes a provision prohibiting the Cadillac tax from being deducted as a business expense; and
  • Requires a study to be conducted on the age and gender adjustment to the annual limit.

Moratorium on the Providers Fee

Beginning in 2014, the ACA imposes an annual, non-deductible fee on the health insurance sector, allocated across the industry according to market share. This health insurance providers fee, which is treated as an excise tax, is required to be paid by September 30 of each calendar year. The 2016 federal budget bill suspends collection of the health insurance providers fee for the 2017 calendar year. Thus, health insurance issuers would not be required to pay these fees for 2017.

Employers are not directly subject to the health insurance providers fee. However, in many instances, providers of insured plans have been passing the cost of the fee on to the employers sponsoring that coverage. As a result, this one-year moratorium may result in significant savings for some employers on their health insurance rates.

Moratorium on the Medical Devices Tax

The ACA also imposes a 2.3 percent excise tax on the sales price of certain medical devices, effective beginning in 2013. Generally, the manufacturer or importer of a taxable medical device is responsible for reporting and paying this tax to the IRS. As a result of the passage of the budget bill, this tax would not apply to sales made between January 1, 2016 and December 31, 2017.

The Effect on Other ACA Provisions

Although this federal budget bill would make significant changes to these three ACA taxes, it does not affect any other ACA provision. Therefore, all other aspects of the ACA continue to apply as they did prior to this bill's enactment, with no changes or delays.

For More Information
For more information about this ACA Pathways or about any other health care reform-related provisions, please contact your Burnham Benefits consultant or Burnham Benefits at:

Burnham Benefits

This ACA Pathways is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. The information contained in this ACA Pathways includes emerging health care news from a limited perspective and does not encompass all views. The information was selected from a wide range of sources selected on the basis of their potential impact on employers and/or their employee benefit plans. For more information, please contact Burnham Benefits.

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