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ObamaCare: the Burden on Small Business

August 26, 2010

August 17, 2010 – 12:03 ET

By Michael F. Cannon (@mfcannon)

How will ObamaCare affect a small business owner who’s married with two kids?

For one thing, he and his business will pay higher health premiums beginning this year. 

He and his employees will have to purchase unlimited lifetime coverage and unlimited annual coverage (this requirement phases in between now and 2014).  The Obama administration estimates that these mandates alone could increase premiums for some businesses by 7 percent.

He and his employees will have to purchase coverage for dependent children without any waiting periods for pre-existing conditions.  Another mandate will require them to purchase coverage for dependents up to age 26.  One private estimate puts the cost of this “slacker” mandate an average of 2 percent, but our small-business owner’s premiums may rise even more.  Perversely, the cost may force him to drop dependent coverage entirely.If his health plan loses its “grandfathered” status—as most small businesses will—he and his workers will have to purchase 100-percent coverage for a long list of preventive services. The administration estimates this mandate will increase premiums on average by 1.5 percent, but private estimates are in the range of 3-4 percent.

The Obama administration also acknowledges there is “tremendous,” “substantial,” and “considerable” uncertainty about these mandates’ costs.  That is, they may be higher than the administration says.

These mandates are a double-whammy for our small-business owner.  He already faces some of the highest premiums out there.  Yet he also provides some of the least comprehensive health plans.  So his premiums will rise more than larger employers’ premiums will.

According to HHS, these added costs will likely push him to switch health plans, and he will likely switch to a plan that complies with the mandates, but places tight restrictions on accessing care.

If he offers his workers a health savings account (HSA), medical savings account (MSA), flexible spending account (FSA), or health reimbursement arrangement (HRA), its employees will lose the ability to purchase over-the-counter drugs tax-free.  If they make non-medical withdrawals from their HSA or MSA, the penalty will double from 10 percent to 20 percent.

If his small business is a tanning salon, it is already paying a new 10-percent tax on its sales.

The Obama administration is quick to note that beginning in 2010, one third of small businesses may be able to get a tax credit that covers up to 35 percent of their health-benefits.  But that credit is not a long-term solution to rising costs; it disappears after 6 years, and often sooner.  It will also discourage hiring, because hiring too many workers will reduce or eliminate the credit.

By 2013, all businesses will have to fill out an IRS Form 1099 every time they purchase more than $600 worth of stuff from a vendor.  If our small-business owner owns a trucking company, he will have to ask gas stations for their tax ID numbers.  If the gas stations don’t cooperate, he will have to withhold money (i.e., send it to the IRS) for gas expenses.  This will be the biggest nightmare in the bill for small businesses.  Ironically, it will also hit many doctors, journalists, and others who supported ObamaCare, but run their own small business on the side.

If our small-business owner and his wife make over $250,000, they’ll pay the new, higher Medicare “payroll” tax of 3.8 percent, starting in 2013.  (It’s currently 2.9 percent).

But it’s 2014 where things really get messy.  That’s when the government will require everyone to purchase even more yet-unspecified types of coverage, which will cause premiums to rise even more.

If our small-business owner has 50 or more employees – or fewer full-time employees and lots of part-timers – he faces the prospect of tens of thousands of dollars in penalties under ObamaCare’s employer mandate if he does not provide “adequate” coverage to his workers.

The worst part is that these penalties will be triggered by factors that are unpredictable, unobservable, and totally beyond the control of our small-business owner.  He could get hit with those penalties simply because a worker’s spouse loses or changes jobs.  Or if a worker’s spouse moves out or dies.  Or if an employee’s parents move in.

This creates so much uncertainty that a small-business owner with 55 employees may have to fire six of them just to eliminate that potential liability.

But if he splits his 60-employee small business into two 25-employee businesses, then the federal government—maybe the IRS—will start snooping around to determine whether he did so for legitimate business reasons or just to avoid the mandate.

No matter the size of his firm, if he or his workers earn around $30,000 to $100,000 and get coverage through one of the new health insurance exchanges, their implicit marginal tax rates will jump from around 30-40 percent all the way up to 60-75 percent!

In many cases, if his employees get a raise or work more hours, ObamaCare will leave them with less take-home pay, because the higher earnings will cause them to lose thousands of dollars in subsidies.  Their implicit marginal tax rate will exceed 100 percent!

Our small-business owner is paying all these costs now – and so are his workers, and the unemployed.

ObamaCare has created enormous uncertainty.  Our small-business owner doesn’t have any idea what ObamaCare’s mandates will cost him in 2011, 2012, 2013, or 2014.  Or what additional benefits he will have to provide.  Or what kind of insurance options will be available by then.  All he knows is that these things will cost him more – possibly a lot more – and that he’s going to be spending lots of time and money, for the foreseeable future, on tax accountants and attorneys.

And he’s going to be much less likely to take on new commitments like expanding or hiring new workers.

Michael F. Cannon is director of health policy studies at the Cato Institute and co-author of Healthy Competition: What’s Holding Back Health Care and How to Free It.

Take Advantage of 2 New Tax Breaks for Hiring Previously Unemployed People

June 29, 2010

Source:  National Restaurant Association, http://restaurant.org/advocacy/news/hiring/

Employers can take advantage of two new tax incentives for hiring and retaining certain people who haven’t worked in the past 60 days.  The benefits are part of the Hiring Incentives to Restore Employment Act. President Obama signed the HIRE Act into law March 18. Here’s how you can use the incentives when you hire qualified new employees:

• Get a break from the 6.2 percent payroll tax. Under the HIRE Act, businesses are exempt through year-end from paying their 6.2 percent share of Social Security taxes on qualified employees’ wages. Here’s the fine print:

  • The payroll tax exemption applies to qualified employees hired between Feb. 3, 2010, and Jan. 1, 2011. It applies to those employees’ wages from March 19 through Dec. 31, 2010. The tax incentive is capped at $6,622 per employee (6.2 percent of wages up to the maximum taxable Social Security wage base of $106,800).
  • Newly hired employees must sign affidavits certifying they hadn’t worked for more than 40 hours in the 60-day period ending on the day they start work. The IRS today released the final version of a sample affidavit, Form W-11, HIRE Act Affidavit.
  • Employers claim the exemption when they file their quarterly Form 941, Employer’s Quarterly Federal Tax Return. Employers can begin to claim the exemption on the Form 941 filed for the second quarter of 2010. The IRS has issued a draft revised Form 941 to reflect the new payroll tax incentive.
  • The employee continues to pay his or her 6.2 percent share of the Social Security tax, and both employers and employees pay the 1.45 percent Medicare tax on all wages.
  • Other restrictions apply. For example, new employees mustn’t be related to the employer. Also, the employer must certify that the new hire isn’t replacing another employee unless that employee separated voluntarily or for cause.

Check the IRS’s HIRE Act: Questions & Answers for Employers for details.

• Get up to $1,000 for retaining those employees. If an employer continues to employ one of the above-described people for at least 52 consecutive weeks, the business also can receive an employee retention credit of up to $1,000.

Businesses claim the credit on their 2011 tax returns. The credit is worth $1,000 or 6.2 percent of an employee’s wages over 52 weeks, whichever is lower.

The employee retention credit follows the rules that apply to all general business credits under Section 38 of the Internal Revenue Code. The only exception is that any excess business credit resulting from the employee retention credit can’t be carried back. It can, however, be carried forward.

Note: Employers who claim the Work Opportunity Tax Credit when they hire certain employees from disadvantaged groups can claim either the HIRE provisions or the WOTC, but not both. Individual companies should compare the tax benefits associated with the WOTC (which offers a maximum annual benefit of $2,400 per worker) and the two HIRE provisions, to determine which provides the better tax benefit.

Economic and Financial Developments

February 5, 2010

There were monumental changes in both the economy and economic policies this past year. While business activity continued to decline during the first half of the year, by mid-year the economy began to grow.

Some attribute the turnaround in the economy to an unprecedented 18% increase in federal government spending. However, in spite of much talk about government stimulus, increases in federal spending tend to be associated with economic weakness rather than strength.
Some economists believe that government spending can boost total spending. This view first emerged during the 1930s when total spending collapsed and prices were falling. Few associated the collapse in spending with the Federal Reserve’s monetary restraint. Desperate to restore spending, politicians and economists reasoned that if government increased its spending then total spending would also increase. The problem with this line of reasoning is that the federal government cannot spend money without first taking it from someone else.

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