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Another Pelosi Easter egg in ObamaCare: IRS mandate on business
Hot Air ^ | 4/29/2010 | ED MORRISSEY

Posted on 04/29/2010 10:10:00 AM PDT by kara2008

Remember this?

(Video of Pelosi: "We have to pass the bill so you can see what's in it.")

Cato’s Chris Edwards has found another of Nancy Pelosi’s surprises in ObamaCare, and this one’s a doozy. We have already noted the strange assignment of health-insurance approval to the IRS, an agency with no expertise in the field whatsoever. Now it appears that the IRS will have to hire a lot more people to track an avalanche of paperwork, too:

Most people know about the individual mandate in the new health care bill, but the bill contained another mandate that could be far more costly.

A few wording changes to the tax code’s section 6041 regarding 1099 reporting were slipped into the 2000-page health legislation. The changes will force millions of businesses to issue hundreds of millions, perhaps billions, of additional IRS Form 1099s every year. It appears to be a costly, anti-business nightmare.

Under current law, businesses are required to issue 1099s in a limited set of situations, such as when paying outside consultants. The health care bill includes a vast expansion in this information reporting requirement in an attempt to raise revenue for an increasingly rapacious Congress.

This comes from claims routinely made by Congress that businesses dodge their tax liabilities through fraud. Even if one accepts that premise, the cost of collection to both the IRS and the economy eventually meets a point of diminishing returns, if you’ll pardon the pun. Where does that point lie? I’d guess well above the threshold set by the new law, emphasis mine:

The 2010 Health Care Act adds “amounts in consideration for property” (Code Sec. 6041(a) as amended by 2010 Health Care Act §9006(b)(1)) and “gross proceeds” (Code Sec. 6041(a) as amended by 2010 Health Care Act §9006(b)(2)) to the pre-2010 Health Care Act categories of payments for which an information return to IRS will be required if the $600 aggregate payment threshold is met in a tax year for any one payee. Thus, Congress says that for payments made after 2011, the term “payments” includes gross proceeds paid in consideration for property or services.

That means any time a business pays any one entity $600 or more in a year, they will have to create a 1099 to file with the IRS. That means that the businesses have to get all of the tax information for every vendor, provide separate accounting for every payee, and then send the forms to both the IRS and the payees at the end of every year — as the payees do the same with their vendors, and so on. Edwards puts the scope in context:

For the $14 trillion U.S. economy, that’s a hell of a lot of 1099s. When a business buys a $1,000 used car, it will have to gather information on the seller and mail 1099s to the seller and the IRS. When a small shop owner pays her rent, she will have to send a 1099 to the landlord and IRS. Recipients of the vast flood of these forms will have to match them with existing accounting records. There will be huge numbers of errors and mismatches, which will probably generate many costly battles with the IRS. …

Private transactions are the core of a market economy, and the source of America’s growth and prosperity. Now the federal government is imposing a vast new web of red tape on perhaps billions of these growth-generating private exchanges.

And they did it as part of a health-care bill. Instead of directing capital towards growth-stimulating efforts, Nancy Pelosi and the Democrats just buried the private sector in an avalanche of compliance costs.



TOPICS: Business/Economy; Front Page News; News/Current Events
KEYWORDS: 1099; april; healthcarebill; irs; obamacare; taxes
This massive expansion of 1099 reporting is completely insane. The HC bill extends the Form 1099 filing requirement to ALL vendors (including corporate) to which they pay more than $600 annually for services or property!
1 posted on 04/29/2010 10:10:00 AM PDT by kara2008
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To: kara2008; Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; ...

The list, ping


2 posted on 04/29/2010 10:13:25 AM PDT by Nachum (The complete Obama list at www.nachumlist.com)
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To: kara2008
I wonder if that applies to my elderly mother. She pays a gardener and a housekeeper to help keep her home in good order. I'm fairly certain the aggregate payments to each of these persons exceed $600 annually. Does she now have to apply for an EIN and issue 1099's for these services?
3 posted on 04/29/2010 10:17:43 AM PDT by Myrddin
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To: kara2008

Oh Jeeze


4 posted on 04/29/2010 10:24:38 AM PDT by CPT Clay (Pick up your weapon and follow me.)
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To: Myrddin
This mandate applies to business returns not personal returns. So this rule would not apply to your mom if the expenses are personal and not business expenses.

Here's a funny question from someone at HotAir:

What happens if you spend $600 on 1099 forms? Send one to NanZi, one to Dingy, and one to B+? LOL!!

5 posted on 04/29/2010 10:30:25 AM PDT by kara2008
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To: Nachum

As a trucking company, need I say more about how much of a mess this will cause us?
To distribute a 1099, you will have to have the company complete a W9, also.

Guess, we’ll just keep our transaction BELOW $600.


6 posted on 04/29/2010 10:30:44 AM PDT by griswold3
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To: griswold3
Guess, we’ll just keep our transaction BELOW $600.

Or off the books.

7 posted on 04/29/2010 10:33:46 AM PDT by Nachum (The complete Obama list at www.nachumlist.com)
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To: kara2008

This can’t be true. The cost to business, large and small will be unfathomable. Maybe the idea is to give the USPS more business. Billions and billions of forms sent out via USPS.


8 posted on 04/29/2010 10:38:35 AM PDT by newbolt
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To: kara2008

WELL WELL! Surpise again! But...she did say we would find out what is in it after it passes. No one knows because no one read. Thanks for doing your job Congress!


9 posted on 04/29/2010 10:42:02 AM PDT by Bobby_Taxpayer (Don't tread on us...or you'll pay the price in the next election.)
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To: kara2008
any time a business pays any one entity $600 or more in a year, they will have to create a 1099 to file with the IRS

That is the way it is now. What is different?

10 posted on 04/29/2010 10:45:57 AM PDT by zeebee (Ask a teenager now, while they still know everything.)
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To: kara2008

send it viral!

http://www.gop.gov/blog/10/04/08/obamacare-flatlines-obamacare-taxes-home

http://www.cprights.org/2010/04/obamacare-taxes-home-sales.php

http://localhealthguideonline.com/view-obamacare-taxes-now-services-later/

March 28, 2010 http://www.spokesman.com/stories/2010/mar/28/health-laws-heavy-impact/
Health law’s heavy impact
Paul Guppy
Special to The Spokesman-Review

In the days leading up to the dramatic late-night vote on President Barack Obama’s health plan, Speaker Nancy Pelosi said, “We have to pass the bill so that you can find out what is in it …” Now that ObamaCare has passed, it is slowly dawning on people what the new law means for the country and for Washington state.

ObamaCare sweeps away a host of state regulations and permanently alters our state’s insurance market. From now on, the federal government will manage the health care of all Washingtonians. The 2,700-page law contains a complex web of mandates, directives, price controls, tax increases and subsidies.

Federal officials will now decide what kind of insurance people in Washington must have, what medicines will be covered, what treatments are allowed and which are not. Early reports indicate, however, that President Obama, Vice President Biden, the Cabinet, senior members of Congress and leadership staff are exempt.

The new law falls well short of universal coverage. ObamaCare will leave about 6 percent of Washington residents without coverage. The measure is conservatively expected to cost $2.4 trillion in its first full decade. Thousands of older Washingtonians will lose their Medicare Advantage coverage, and the state’s 120,000 Health Savings Account holders may need to buy new policies or face stiff penalties.

Washington residents will begin paying ObamaCare taxes this year, while most benefits don’t start until 2014. The law includes some 19 new taxes. Here’s a rundown of what Washingtonians can expect in the coming years.

Penalties on individuals. Individuals will pay a yearly penalty of $695, or up to 2.5 percent of their annual income, if they cannot show they have purchased a government-approved health policy.

Penalties on families. Families will pay a yearly penalty of $347 per child, up to $2,250 per family, if parents cannot show they have purchased a government- approved policy.

Penalties on employers. Business owners with more than 50 employees must buy government- acceptable health coverage or pay a yearly penalty of $2,000 per employee if at least one employee receives a tax credit.

Tax on investment income. ObamaCare imposes a 3.8 percent annual tax on investment income of individuals making $200,000 or more and on families making $250,000 or more. The new tax is not indexed to inflation, so more people will fall under it each year. Seniors on fixed incomes and people with IRAs and 401(k) plans will be hit particularly hard.

Tax on “Cadillac” health plans. Starting in 2018, imposes a 40 percent annual tax on health care plans valued at $10,200 for individuals and $27,500 for families.

Medicare tax increase. Requires single people earning $200,000 or more and couples earning $250,000 or more to pay an additional 0.9 percent in Medicare taxes.

Tax on Home Sales. Imposes a 3.8 percent tax on home sales and other real estate transactions. Middle-income people must pay the full tax even if they are “rich” for only one day – the day they sell their house and buy a new one.

Tax on medical aid devices. Creates a new 2.9 percent tax on medical aid devices. Certain items intended for personal use are exempt.

Tax on tanning. Imposes a 10 percent tax on services at tanning salons. Business owners will collect the tax from customers and send it to the federal government. This appears to be the first federal sales tax in the United States.

ObamaCare will be enforced by the Internal Revenue Service. The tax agency plans to hire 16,500 new auditors, agents and investigators, and to increase enforcement audits. The IRS can confiscate tax refunds, place liens on property and seek jail time if health-related penalties and taxes are not paid.

President Obama had said people could keep their coverage if they want, yet the Congressional Budget Office estimates that under ObamaCare 8 million to 9 million people will lose their employer-provided coverage.

The ObamaCare law passed over bipartisan opposition in Congress. Republicans say they will run on a “repeal and replace” platform this fall, and Washington has joined 12 other states in a lawsuit challenging the federal government’s power to force state residents to buy a product – insurance – from private companies. The long-term prospects of ObamaCare are unclear. In the meantime, Washingtonians should prepare for major changes in their tax burden.

Paul Guppy is vice president for research at the Washington Policy Center, a research organization with offices in Spokane, Seattle, Olympia and the Tri-Cities ( www.washingtonpolicy.org).


11 posted on 04/29/2010 10:53:48 AM PDT by GailA (obamacare paid for by cuts & taxes on most vulnerable Veterans, retired Military, disabled & Seniors)
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To: griswold3
Basically, businesses will have to issue 1099s whenever they do more than $600 of business with another entity in a year.

Start making a 1099 file for every place you do business with and every person you may use to do any private repair work with because in trucking there isn't such a thing as under $600 a year. We will be filling out 1099's for every entity we do business with.

12 posted on 04/29/2010 10:54:37 AM PDT by patlin (1st SCOTUS of USA: "Human life, from its commencement to its close, is protected by the common law.")
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To: Nachum
Off the books, pay in cash only.

This is their attempt to stop the black market on labor that is growing in our communist command and control economy.

Many unemployed are now collecting unemployment and getting tax rebates, all while making 75,000 a year and not paying taxes. The “underground” economy is growing fast.

Cash only. Starve the beast.

13 posted on 04/29/2010 11:01:00 AM PDT by PA-RIVER
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To: kara2008

Don’t get too worried about this. It will be one of the fixes when Congress passes the new VAT tax later this summer.


14 posted on 04/29/2010 11:10:21 AM PDT by AmusedBystander (Obamunists want to tear down our shining city upon a hill and open a community center in "da hood".)
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To: griswold3
You will have to change fuel depots every tankfull
15 posted on 04/29/2010 11:13:08 AM PDT by Foolsgold (L I B Lacking in Brains)
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To: Stillwaters

Crikeys! How will small business owners continue to operate? Or, perhaps more apropos, should they?


16 posted on 04/29/2010 11:16:36 AM PDT by lonevoice (If Fox News is the only outlet reporting it, did it really happen?)
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To: SeaDragon; TheGrimReaper

ping


17 posted on 04/29/2010 11:16:40 AM PDT by RikaStrom (Pray for Obama - Psalm 109:8 "Let his days be few; and let another take his place of leadership.")
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To: zeebee
That's not the way it is now.

There was never a requirement to issue 1099's to businesses you purchased goods or services from, now there is.

18 posted on 04/29/2010 11:17:30 AM PDT by Madame Dufarge
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To: Myrddin

Does she now have to apply for an EIN and issue 1099’s for these services?


I doubt that everyone is going to respect this government meddling. I can see the underground economy growing as more and more just opt out of government meddling into our daily lives. This is only going to get worse.


19 posted on 04/29/2010 11:31:17 AM PDT by Joan Kerrey (The bigger the government = The smaller the people)
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To: Madame Dufarge

I have to issue a 1099 for any independent contractors that I pay more than $600 in a year, according to my accountant.


20 posted on 04/29/2010 12:06:19 PM PDT by zeebee (Ask a teenager now, while they still know everything.)
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To: zeebee
Yes, independent contractors certainly.

But this new law will require you to issue 1099s to other businesses, corporations, etc.

Bought more than $600 worth of office supplies from Staples - you have to send them a 1099.

21 posted on 04/29/2010 12:08:16 PM PDT by Madame Dufarge
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To: Myrddin

Probably not- unless she is taking such costs as expenses related to a business.


22 posted on 04/29/2010 12:17:13 PM PDT by ridesthemiles
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To: griswold3

As a trucking company, need I say more about how much of a mess this will cause us?
To distribute a 1099, you will have to have the company complete a W9, also.

Guess, we’ll just keep our transaction BELOW $600.””

Pretty hard to do, as a trucking company, IMO.

How much do you spend a year on fuel?

How much on tires?

How much on repairs?

You might want to discuss this with whoever is doing your bookkeeping.


23 posted on 04/29/2010 12:18:41 PM PDT by ridesthemiles
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To: patlin

Start making a 1099 file for every place you do business with and every person you may use to do any private repair work with because in trucking there isn’t such a thing as under $600 a year. We will be filling out 1099’s for every entity we do business with.”

Wait until you grasp how many different locations you fill up your trucks at.

EACH location will have to be recorded as a separate entity, with a 1099 accordingly. No matter where in the country your drivers get fuel. Your Chevron card isn’t the answer. Not unless each place you get fuel is OWNED by Chevron.

If you use CARD LOCK, YOU will have to inquire as to who the OWNER of each location you use really is.

Same thing for all your credit card & debit card purchases.

As a life-long bookkeeper, this is a total nightmare.
There is no software out there that can properly record all this different data and keep each vendor separate.


24 posted on 04/29/2010 12:22:21 PM PDT by ridesthemiles
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To: zeebee

You’re talking about labor. This is talking about purchasing goods.


25 posted on 04/29/2010 12:25:57 PM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: Madame Dufarge

Yes, independent contractors certainly.
But this new law will require you to issue 1099s to other businesses, corporations, etc.

Bought more than $600 worth of office supplies from Staples - you have to send them a 1099.’

Currently, corporations are exempt from you sending a 1099.

under this new law- you will have to send a 1099 to lots more places, and dig out the information on a W-9 to properly do that chore.

Use electricity? Needs a 1099 sent.
Use propane? Same thing.
Use copiers?
Use office supplies?
Use fuel for your company vehicles?
Your employees fly for business?
Your employees use hotels/motels for business?
Your employees use rental cars for business?
Your employees entertain clients for business?
You put together a Christmas party each year for your employees?
You buy coffee at your local grocery store for your employees?
You send flowers or other items to clients?

You fill in the blanks........

It will be a total nightmare.


26 posted on 04/29/2010 12:27:48 PM PDT by ridesthemiles
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To: GailA

The provision that will do the most damage administratively is the one extending 1099 reporting to all persons paid more than $600 per year.

FOR THOSE WHO HAVE WONDERED, THE PROVISION IS SCHEDULED TO GO INTO EFFECT JANUARY 1, 2012.


27 posted on 04/29/2010 12:31:57 PM PDT by BelegStrongbow (Ey, Paolo! uh-Clem just broke the Presideng...)
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To: ridesthemiles
Pretty hard to do, as a trucking company, IMO.

It will be impossible as just one good quality steer or drive tire costs around $424. Take that x10. What are we supposed to do, find 10 different dealers to buy a tire from? Then there is the fuel. Our average right now is 2.93 per gallon. The average fill is 200 gallons with the number of average fills at 4.5 per week. Take that times the average of weekly runs every year(45) and that gives us approx 200 different fuel stops we would have to utilize to keep under the $600 threshold. This is NAZI tactics pure and simple.

I think I can honestly now say: Welcome to THE UNITED STATES OF AMERIKA!

28 posted on 04/29/2010 12:33:50 PM PDT by patlin (1st SCOTUS of USA: "Human life, from its commencement to its close, is protected by the common law.")
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To: ridesthemiles
Yes, it will be a total nightmare.

As far as tracking the credit card charges, QuickBooks allows you to charge off to specific vendors when you enter, say, your Visa bill. These vendors can be checked as 1099 vendors, so that 1099s can be automatically generated for them at year's end.

29 posted on 04/29/2010 12:39:05 PM PDT by Madame Dufarge
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To: Madame Dufarge
That's all well & good for corporates & small/mid-size businesses who utilize credit cards, but in our business(long haul trucking), CASH is still KING and that is where the discounts are, thus over 90% of our business is done on a cash basis. This dog is not going down without a fight to get this repealed.

VOTE conservative in 2010! OUR PETERBILT

30 posted on 04/29/2010 12:53:43 PM PDT by patlin (1st SCOTUS of USA: "Human life, from its commencement to its close, is protected by the common law.")
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To: patlin
Oh, I hear you.

I was responding to a concern that ridesthemiles expressed regarding tracking vendors who were paid by credit card.

Since most of the commies in Congress and the White House have never held an honest job in their lives, the burden placed on small businesses is a matter of no concern to them.

The serfs may have to work harder, and the record-keeping may burden them with extra, unwarranted costs but what's the point of having serfs if you can't bleed them dry?

31 posted on 04/29/2010 1:00:59 PM PDT by Madame Dufarge
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To: Myrddin

I doubt your mother is a business.


32 posted on 04/29/2010 1:20:50 PM PDT by Cheburashka (Stephen Decatur: you want barrels of gunpowder as tribute, you must expect cannonballs with it.)
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To: griswold3
Guess, we’ll just keep our transaction BELOW $600.

You have to total all your checks to the vendor. Writing two or more checks to a business for $599.99 each will trigger a 1099 requirement.
33 posted on 04/29/2010 1:24:36 PM PDT by Cheburashka (Stephen Decatur: you want barrels of gunpowder as tribute, you must expect cannonballs with it.)
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To: ridesthemiles

This is nuts.


34 posted on 04/29/2010 1:30:59 PM PDT by fatima (Free Hugs Today :))
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To: Madame Dufarge
The serfs may have to work harder, and the record-keeping may burden them with extra, unwarranted costs but what's the point of having serfs if you can't bleed them dry?

Heard that one. The only problem is I AM THE SURF in our business as are 100’s of thousands of other small independent business owners. Now since I do not run with the hubby anymore and since we are officially empty nesters, time really isn't the problem. But it does cut into the my time trying to get a small alterations business going which this bill is only going to make worse. I am going to have to rethink that decision. How far do I want to branch out away from word of mouth advertising? Do I really want to expand on this home-based hobby since the income isn't really the issue. Should I just keep it as a hobby. I say let the Nazi's in DC to go to H E double toothpicks and that includes one Sen. Johnson from SD who voted for this communist bill without knowing what was in it. Or did he? He is a SR elected official on finance 7 I have a hard time swallowing that he didn't know this was in there.

35 posted on 04/29/2010 1:31:35 PM PDT by patlin (1st SCOTUS of USA: "Human life, from its commencement to its close, is protected by the common law.")
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To: Myrddin

No, the 1099 can be filed with the social security number of the person doing the paying.


36 posted on 04/29/2010 2:05:56 PM PDT by conservativesister
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To: patlin

Half the people in the county will have to carry around a stack of W-9 forms to hand out two or three times a day.

Some unfortunates might a well put their SSN on a billboard.


37 posted on 04/29/2010 2:15:19 PM PDT by nomorelurker
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To: ridesthemiles

whoever is doing your bookkeeping.
“I” do the bookkeeping!! What a nightmare!


38 posted on 04/29/2010 2:17:51 PM PDT by griswold3
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To: BelegStrongbow

How does it effect those who are a 1 person small business? My step daughter is a private IT specialist. Her income is irregular.


39 posted on 04/29/2010 3:43:16 PM PDT by GailA (obamacare paid for by cuts & taxes on most vulnerable Veterans, retired Military, disabled & Seniors)
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To: GailA

Looks like its the same for any size business. My church has only me as a paid provider, and the treasurer will have to issue me a 1099 next year. Regular or irregular, the government now wants to know everything about you.


40 posted on 04/29/2010 8:57:00 PM PDT by BelegStrongbow (Ey, Paolo! uh-Clem just broke the Presideng...)
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