1 Adult |
2 Adults |
3+ Adults |
|
2014 |
1% AGI / $ 95 |
1% AGI / $ 190 |
1% AGI / $ 285 |
2015 |
2% AGI / $ 325 |
2% AGI / $ 650 |
2% AGI / $ 975 |
2016 + |
2.5% AGI / $ 695 |
2.5% AGI / $ 1,390 |
2.5% AGI / $ 2,085 |
Tax penalties for failure to comply with the individual mandate raised $4 billion for the government in 2018, the final year it was in effect.
On the employer side, companies with 50 or more employees faced paying $2,000 (non-deductible and indexed for inflation) per full-time employee for not offering health coverage. This fee has been raised gradually since 2015 and now stands at $2,700 for 2021. This is called the employer shared responsibility payment.
Passed in December 2017, the Tax Cuts and Jobs Act included a permanent repeal of the individual mandate provision of the Affordable Care Act, as of the 2019 tax year.
Additional Repeals of ACA Taxes
Three additional provisions, the Cadillac tax, the medical device tax, and health insurer fees, were repealed as part of the short-term continuing spending resolution referred to as the Further Consolidated Appropriations Act, which passed in December 2019.
These key taxes raised considerable revenues, significantly more than the individual mandate penalties, for the government to partially offset the additional costs incurred due to the ACA. Here’s where these items stand as of 2021.
Cadillac Tax
The Cadillac tax was a 40% tax on employer-issued health insurance that exceeded certain thresholds. The high-end premium health insurance plans impacted by the Cadillac tax were those at or above the 85th percentile of health insurance benefits (approximately $11,200 for individual coverage or $30,100 for family coverage).
The intention behind the tax was to discourage unnecessary or unreasonable use of medical services by individuals with generous health insurance coverage. Unsurprisingly, it wasn’t popular with major employers, patient advocates, labor unions, or healthcare companies, many of whom banded together to create the Alliance to Fight the 40.
The Joint Committee on Taxation estimated that repealing the Cadillac tax would reduce government revenues by $197 billion over the next 10 years.
The tax was delayed twice before being repealed. In 2015, Congress delayed the implementation of the Cadillac tax from 2018 to 2020. In 2018, it was delayed again until 2022. In December 2019, it was officially repealed as of the 2020 tax year.
Health Insurer Fees
The annual fee on health insurance providers and the medical device tax were both intended to help finance the ACA’s health insurance coverage expansion and to recoup some of the benefits these industries would receive by having a larger population with health coverage.
The health insurer fee applies to insured medical, dental, and vision plans. It is based on a health insurer’s market share of the industry. It took effect in 2014 but was suspended for both 2017 and 2019, although it continued to apply for the 2018 calendar year. It also applied for the 2020 calendar year but has been repealed as of 2021.
Medical Device Tax
The medical device tax failed to lower healthcare costs for consumers but increased costs and burdens on the healthcare sector as a whole. The medical device tax was a 2.3% excise tax on the price of medical devices sold in the United States. There was bipartisan support in favor of repealing the medical device tax permanently.
The impact on the medical device industry was substantial. Between 2013 and 2015, 29,000 jobs were lost in the medical device industry, 22,000 of which were estimated to be solely due to the tax. Medical device companies postponed investments in research and development (R&D)—85% of companies in the industry reported they would reinstate previously foregone R&D investments when the tax was permanently repealed.
It was in effect from 2013 to 2015 but was suspended by Congress in 2016 through 2019, prior to being permanently repealed for the tax year 2020. The Joint Committee on Taxation estimates that repealing the medical device tax and health insurer fees will reduce government revenues by $151 billion over the next 10 years.
Congress repealed three significant ACA taxes in December 2019—the Cadillac tax, the health insurer fee, and the medical device tax—in the Further Consolidated Appropriations Act. Various other provisions were repealed in the Tax Cuts and Jobs Act in 2017 and the CARES Act in 2020.
ACA Taxes That Survived
Medical Deduction Threshold Tax
The ACA brought with it a $15 billion tax on individuals who take a deduction based on having high medical bills. The old threshold of deductible medical expenses exceeding 7.5% of AGI was replaced with a threshold of 10% from 2013 to 2016. Americans aged 65 and over were exempt from this higher threshold. The Tax Cuts and Jobs Act reinstated the former threshold of 7.5% of AGI for tax years 2017 and 2018. The Further Consolidated Appropriations Act in December 2019 also extended the lower 7.5% AGI threshold for tax years 2019 and 2020.
Health Savings Accounts Caps
The ACA placed an annual contribution limit on health savings accounts, which for the 2021 tax year is $3,600 (increasing to $3,650 in 2022) for individual coverage and $7,200 ($7,300 in 2022) for family coverage. The limit on flexible spending accounts (FSAs) is $2,750 for the 2021 tax year and $2,850 for 2022.
Medicine Cabinet Tax
One ACA tax estimated at $5 billion, called the medicine cabinet tax, also outlined that U.S. adults could not use HSAs, FSAs, or health reimbursement pretax dollars to buy nonprescription, over-the-counter medicines. This provision was permanently repealed as of the 2020 tax year as part of the CARES Act. Certain over-the-counter medications and products, as well as menstrual care products, are now eligible for HSA and FSA reimbursement without a prescription.
Indoor Tanning Tax
This tax, which went into effect in July 2010, placed a 10% excise tax on U.S. indoor tanning salons. While it was expected to bring in $1 billion in new tax revenues during the first four years, the tax has since been deemed a failure, raising just over $367 million in its first four years. It also contributed to the demise of the indoor tanning salon industry, which proponents of the provision still count as a public health win. The tax is still in effect as of 2021.
Medicare Tax
The 0.9% Medicare surtax applied to wages and self-employment income over $200,000 for individuals and $250,000 for married couples remains unaffected by subsequent suspensions and repeals, as it would be unpopular to repeal an additional tax on high earners that funds Medicare.
Net Investment Income Tax
The 3.8% ACA tax on net investment income applies to unincorporated taxpayers (basically individuals, estates, and certain trusts) who have a modified adjusted gross income (MAGI) above these annual income levels:
- $250,000 in the case of married taxpayers filing a joint return or a surviving spouse
- $125,000 in the case of a married taxpayer filing separately
- $250,000 for a qualifying widow(er) with a dependent child
- $200,000 for everyone else, except estates and trusts, where the threshold is equal to the highest amount at which the maximum tax rate begins
These rates are not indexed for inflation. The tax is still in effect as of 2021.
The Bottom Line
People may not realize it, but amidst all the controversy about how the ACA was rolled out, a resulting trove of taxes has since dramatically impacted the financial lives of many Americans. For as long as the ACA remains the law, be sure to consult a tax specialist to minimize any financial harm.