Medical Device Tax Repeal? Obama Says No.

In an interview with a news reporter from Minnesota, President Obama said the medical device tax will not be repealed, citing there will be 30 million new patients for medical device companies because of healthcare reform.


Disappointing. It seems as though our elected leaders are not completely informed about the U.S. healthcare system.

Maybe there is still hope, at least for the tax to be delayed.

There are quite a few posts on the topic:

President Against Device Tax Delay (MPO Magazine)

Final IRS Device Tax Rules Changes Little from Draft as Industry Focuses on Repeal Effort (Medical Devices Today)

Medical Device Tax: Senators Call for Delay While Repeal Efforts Continue (MassDevice)

Medical Device Tax is Here to Stay, Says AdvaMed’s James Mazzo (MassDevice)

Democratic Senators Urge Tax Delay (MPO Magazine)

Med Devices Companies Across the US Are Bracing for the New Medical Device Tax (OrthoStreams)

Obamacare and Taxes: May Hike Your Pet’s Health Care Bills (The Foundry)

Support Appears To Be Growing To Delay the Medical Device Tax (FDA Law Blog)

Words of Caution for Device Tax Repeal Efforts (MassDevice)

5 Questions Regarding the Medical Device Tax (Medical Device CRO Blog)

 

Plenty of Links on Medical Device Tax & IRS

I’m just playing the part of messenger and sharing the links I’ve seen. I haven’t had a chance to read all yet.

Medical Device Tax: IRS Shows (Some) Mercy to Medical Device Companies (MassDevice)

Rep. Paulsen: Device Tax Hurts the Medtech Success Story (MassDevice)

Cook Hopes Fiscal Cliff Talks Prompt Tax Delay (Inside Indiana Business)

Survey: How Optimistic Are You That Medical Device Tax Will Be Repealed? (MassDevice)

Medical Device Tax: IRS Makes Levy a Reality with Final Guidance Documents (MassDevice)

Flash: IRS Releases Final Guidance on the Medical Device Tax (MassDevice)

Medical Device Tax Winners and Losers – Reactions to the Long-Awaited IRS Medtech Tax Codes (MassDevice)

IRS Releases Guidance for Medical Device Tax

I haven’t read the post from MassDevice yet. Just saw the title and wanted to get it out there for those in the medical device industry.

 

Have Medical Device Companies Shelved R&D for 2013 Due to Tax?

I’m curious if medical device companies have made adjustments to their strategies and plans for 2013 and beyond due to the impending 2.3% medical device tax? Based on the activities from my clients, I would say no–the tax does not seem to have a negative influence on R&D and product development in the coming year. Maybe it’s because the details of the tax are still a little ambiguous to my clients. Maybe it’s optimism that this tax will not come to fruition.

We’ve all read the claims in the past year or so about jobs being cut, expansion plans being scrapped, and so on because of the tax. But I don’t recall reading specifics about medical device companies shelving R&D projects.  Yet, one of the major arguments against the tax is that it will have a negative direct impact on R&D budgets.

What are your thoughts?

Will Last Week’s Election Impact Medical Device Industry?

As you can imagine, there were numerous blog posts last week after the election discussing what election results will mean to the medical device industry. Here is a sampling of some of the articles I came across:

Obama Wins Four More Years; Futures Pare Losses (MedCity News)

What Will Four More Years of Obama Mean for the Tech Industry (MedCity News)

In Defeat of Mass. Senator Scott Brown, Medical Device Industry Loses Outspoken Advocate (MedCity News)

Will Incoming Mass. Senator Warren Keep True to Pledge to Repeal Medical Device Tax? (MassDevice)

3 Healthcare and Life Science Issues to Watch in Obama’s Second Term (MedCity News)

Medical Device Tax: Repeal Efforts Double Down on Tax Reform (MassDevice)

Is the Medical Device Industry’s Next Senate Champion Joe Donnelly of Indiana? (MedCity News)

Of course we are easily a few months away from having any real ideas of how or if this election will have any impact on the medical device industry. But what I find interesting from the headlines above is that two of the articles highlight incoming Democratic senators who have pledged to fight the 2.3% medical device tax. This issue has typically fallen along party lines. Maybe this will change in 2013.

Guidance for Medical Device Companies Regarding 2.3% Tax

As I type this post, the 2012 election results are still coming in. While I’m not glued to my television watching the tally update with blues and reds, I’m am a little interested in the results. If nothing else, I’m curious to see how the next batch of politicians running our federal government, or the current ones, or a combination of each will impact the medical device industry.

Surely by now, we’re all aware of the 2.3% medical device tax due to take affect January 2013. There has been plenty of opposition to this tax. Many in the medical device industry have lobbied hard and so far unsuccessfully in having this tax repealed. I suppose there is still some chance it will be repealed. I suppose the results from tonight’s election might have an impact on this some way or another too.

In the meantime, I’ve had several clients ask me about the tax. How to pay. How to report. And so on. I’ve been stumped.

Fortunately, a few others have chimed in and provided a little bit of guidance to me–guidance which I’ll share with you. And while the information I’m sharing in the links below might be a little helpful, I’m still very aware that this information falls very short of answering all the questions my medical device customers have regarding the 2.3% tax they are supposed to start paying in a couple months. In fact, I’m told IRS has yet to update IRS Form 637—Application for Registration (For Certain Excise Tax Activities) to reflect the new excise tax on medical devices.

Medical Device Tax 101 (MD&DI article)

Highlights of the Proposed Regulations on Medical Device Excise Tax (KPMG article)

Internal Revenue Bulletin – December 27, 2010 – Notice 2010-89: Request for Comments Regarding the Excise Tax on Medical Devices

Some definition on “taxable medical device”

Medical Device Excise Tax: Frequently Asked Questions

Department of the Treasury Internal Revenue Service 26 CFR Part 48

 

How Will Medical Device Companies Pay 2.3% Tax?

In the past couple weeks, I’ve had a few clients ask me about the 2.3% medical device tax scheduled to go into affect in 2013 and how they are supposed to pay for this. I was caught a little off guard with these questions. I mean, yes, we’re all probably aware of the tax. But I’ll admit, I haven’t spent any time wondering how companies are going to account for and pay for this tax. I’m not even sure if IRS has specified provisions for this tax. I just don’t know.

We can all continue to hope that the tax will be eliminated in its entirety. But we also should be ready just in case this dream does not come true.

I’m curious if there are accountants, CFOs, and others who have been more in tune with how the tax will be addressed from a financial perspective. If so, please chime in with comments and suggestions. Medical device companies will be interested in your advice and recommendations.

Another Medical Device Company Announces Layoffs to Compensate for 2.3% Tax

Is this election year politicking or are companies really being forced to layoff workers because of the impending 2.3% tax on medical devices? I just read about yet another company who announced layoffs to compensate for the upcoming tax. I haven’t been keeping an official tally. However, I recall at least half a dozen companies citing layoffs and another few scrapping expansion plans because of the tax.

What do you think? Is this tax really causing large medical device companies this kind of angst? Or is it just a convenient excuse? I’m interested in your opinions.

Are Medical Device Companies Really Having Layoffs Due to 2.3% Tax?

Okay, you probably know my stance on the 2.3% tax due to go into affect in 2013 affecting medical device companies. We’ve written blogs about this before. Also, you can see on my current LinkedIn profile picture that I have a “No 2.3%” banner on my photo. I do not support this tax, and suspect there are very few in the medical device community who are.

Regardless, I’m starting to get tired of story after story about how this tax is having a negative impact on the growth and plans of the big medical device companies. I’m getting sick of reading about how big medical device companies had to layoff hundreds of people to prepare for the tax. Or how big medical device companies have scrapped U.S. expansion plans because of the tax. I just don’t buy it.

As stated above, I do not support the tax. But at the same time, I do not believe this tax will make or break any of the big medical device companies. I personally believe the 2.3% tax is a convenient excuse these companies can use and blame. Being in a presidential election year where the economy and jobs are on the forefront, these moves are definitely politically motivated.

I do fear, though, how this tax will impact the smaller companies. The tax on medical device startups and mom-and-pops will have a negative impact. The tax will hamper these smaller entities from realizing full profitability or even delay them from profitability all together.

Medical Device Tax Very Real Concern for A Client

We have been working with a non-traditional client for the past few months. The company has been manufacturing consumer goods for decades. A couple of their current products are registered with FDA as class I devices, and the company is considering expanding their medical device product offerings.

I had a conversation with the client contact yesterday about the medical device tax scheduled to go live next summer. He is very concerned about this and how this will affect the company’s revenue and profits. So much so, that I sensed a bit of hesitation in his voice about proceeding with expanding their medical products.

Yes, the medical device tax is a very real issue. Yes, we have clients who are currently struggling with this and working on developing strategies to address this. I hope we are able to figure out a sound strategy with them to navigate this pending new wrinkle. As if regulatory issues weren’t enough . . .

One Person Can Make a Difference Against the Medical Device Tax

We’ve talked in a couple of blogs lately about the No2point3 medical device petition that is attempting to stop the medical device tax.

Last week, CareFusion CEO Kieran Gallahue lent his support to no2point3.com. Gallahue, an AdvaMed board chairman, sent an email to U.S.-based CareFusion employees to consider signing the online petition which launched on April 17, 2012. Nearly a quarter of those contacted responded, putting CareFusion atop the site’s “Corporate Leaderboard,” and ahead of fellow California-based companies NuVasive (with, at present, more than 700 signatures) and Volcano Corporation (nearly 400 signatures).

No2point3 founder Joe Hage puts Gallahue’s effort in perspective. “750 petitioners signed the day I launched the site to the 100,000-member Medical Devices Group. Kieran’s one email to his employees generated more signatures in one day than I could with 15 times the reach!”

I checked as I was writing this, and CareFusion had 1,450 signatures.  The total number of signatures on the petition was 6,136.  The goal is 25,000 signatures by July 18.

It just goes to show that one person can make a difference.

See our other blogs about No2point3:

2.3% Medical Device Tax – Will It Really Kill American Jobs?

Making a Difference Against the Medical Device Tax

Making a Difference Against the Medical Device Tax

Sure, we’ve all been complaining about the medical device tax that is to go into effect in 2013, but how many of us are actually doing something about it?  Joe Hage, the owner of the “Medical Devices Group” on LinkedIn decided to do something big: Set up a website with the intent of getting 25,000 signatures on a petition to repeal it. “I sought to give my members a more constructive outlet than grousing,” he says.

As of early last week, there were nearly 1,500 signatures listed on the site and the number is increasing steadily. The “Medical Devices Group” on LinkedIn, which now has nearly 109,000 members, also continues to grow in size—with as many as 500 new names added on some days.

The day the no2point3.com site was launched, Hage received a call from the Office of Congressman Erik Paulsen (R-MN), a vocal critic of the tax. Paulsen’s office gave Hage some concrete steps he could take to help shore up support for the device tax repeal in the Senate.

Will social media actually be able to get the much disputed medical tax repealed?  Stranger things have happened.  Remember the facebook bra color campaign of 2010 that went viral in raising awareness for breast cancer?

 

Help Kill Medical Device Tax

I came across NO 2.3%, a website dedicated to educating the public on the medical device tax which resulted from the infamous healthcare reform act. There is a petition to sign too. They are attempting to get 25K signatures on the petition. Please help spread the word.

 

Happy Anniversary Medical Device Tax

It has been two years since the controversial 2.3% medical device tax was signed into law as part of the Affordable Care Act. Set to go into effect in January 2013, the medical device tax has been at the center of a heated national debate that only seems to escalate as the industry’s doomsday approaches. In addition to concerted efforts to repeal the tax, the medical device industry and its supporters have emphasized the serious potential consequences associated with implementation of the tax. Among them are large-scale layoffs, relocation of operations out of the country, barriers to innovation, and prices being passed on to consumers—an outcome that negates the purpose of the bill.

Will all the gloom and doom come to fruition?  Only time will tell. A fair portion of medtech professionals continue to hold out hope. In fact, in an online poll conducted last month on mddionline.com, optimists edged out pessimists with 55% of respondents saying that they thought that the tax would be repealed.

Medical Device Companies Raising Prices to Offset Taxes

MassDevice reports that many medical device executives surveyed indicated that they would be increasing prices of their products to offset the impending 2.3% medical device tax.

It was bound to happen.

I hear through the grapevine that the debate on the medical device tax is far from over.