The groups asked the IRS to explicitly ban device manufactuers from passing the tax onto their purchasers. One way to do this, they say, is to make the device makers certify on federal excise tax returns they did not pass on the cost of the tax to consumers.
“We believe this is appropriate public policy, and reflects the true intent of Congress in establishing the ‘shared responsibility’ network of stakeholders that made passage of [Affordable Care Act possible,” they wrote.
The medical device industry, which mostly supported healthcare reform, is lobbying hard to have the tax repealed this Congress.
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