Medical Device Excise Tax Takes Effect January, 2013
- Sales Tax News
- Dec 28, 2012 | Gail Cole
The Medical Device Excise Tax (MDET), which was passed as part of the 2010 Affordable Care Act, takes effect January 1, 2013. From that point forward, medical device manufacturers and importers will be required to pay a 2.3% excise tax on sales of certain medical devices. It is essentially a manufacturers excise tax.
Pursuant to relevant IRS code,
"There is hereby imposed on the sale of any taxable medical device by the manufacturer, producer, or importer a tax equal to 2.3 percent of the price for which so sold."
Taxable medical device is defined here as "any device (as defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act) intended for humans." (See Internal Revenue Code Section 4191).
As with most sales, use, and excise taxes, certain items qualify for an exemption from the tax. Items exempted from the medical device excise tax include:
- Contact lenses;
- Hearing aids; and
- "[A]ny other medical device determined by the Secretary to be of a type which is generally purchased by the general public at retail for individual use."
Form 720 will be used to report the new medical device excise tax. It must be filed quarterly:
- First quarter returns, for the months January, February, and March, are due April 30.
- Second quarter returns, for the months April, May, and June, are due July 31.
- Third quarter returns, for the months July, August, and September, are due October 31.
- Fourth quarter returns, for the months October, November, and December, are due January 31.
In addition, semi-monthly deposits will be required for manufacturers and importers with a medical device excise tax liability of more than $2,500 for the quarter. The first deposits will be due January 29, 2013. Additional information regarding these deposit is available on Form 720 and IRS Publication 510, Chapter 12.
Information regarding "final regulations that provide guidance on the excise tax imposed on the sale of certain medical devices … [that] affect manufacturers, importers, and producers of taxable medical devices" is available at Internal Revenue Bulletin 2012-52, T.D. 9604. The IRS reserves the right to issue "additional published guidance on these issues in the future."
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