As most of you know, a second federal court judge has ruled the Health Care Law that passed last year is unconstitutional. Judge Rodger Vinson didn’t just rule that the mandate that health insurance must be bought is stricken; rather, he struck down the entire law. While the Obama Administration is publicly stating the law will continue to be enforced (and, in theory, either Judge Vinson or the 11th Circuit Court of Appeals could issue a stay to Judge Vinson’s ruling), as of now the law is void.
What next for the tanning tax? Or the numerous other tax provisions in the legislation that impact individuals? How about the business tax provisions?
I’m not an attorney, but the Volokh Conspiracy has some good posts up on this, though they aren’t really looking at the tax consequences (but do look at the constitutional issues in depth). As I was writing this, I noticed that Joe Kristan was asking the same questions.
My best guess is that the 11th Circuit will stay the decision until they review it. And it sure looks like this case is bound for the Supreme Court (perhaps in 2012 or 2013).
So if you’re a tanning salon should you stop collecting the 10% excise tax on tanning? I’ll probably have an answer in a couple of weeks but that answer could easily change between now and 2013.
Tags: HealthCareLegislation, JoeKristan
What should I do now? Already mailed tax returns claiming adoption tax credit for three special needs adoptions in 2010.
I’m not your tax adviser so I can’t give you specific advice on this issue. That said, it appears from news reports that the judge’s ruling has been stayed pending appeal.