How King v. Burwell Creates Tax Problems for Consumers and What The Treasury Can Do About It

6 Pages Posted: 20 Nov 2014 Last revised: 6 May 2015

See all articles by Andy Grewal

Andy Grewal

University of Iowa - College of Law

Date Written: February 9, 2015

Abstract

Commentators have expressed concern that a government loss in King v. Burwell, which addresses whether taxpayers can enjoy tax credits for policies purchased on federal health care exchanges, will lead to a "death spiral" during future enrollment seasons.

However, this discussion threatens to mask the potential tax problems facing persons who purchase policies this enrollment season. As this short article explains, purchasers may be faced with a surprising tax bill when they complete their 2015 tax returns. Additionally, the government has argued that it can protect customers from surprise tax bills, but its authority to do so is far from clear.

Keywords: ACA, Obamacare, tax credits

Suggested Citation

Grewal, Amandeep S., How King v. Burwell Creates Tax Problems for Consumers and What The Treasury Can Do About It (February 9, 2015). 32 Yale Journal on Regulation Online 2015; U Iowa Legal Studies Research Paper No. 14-30. Available at SSRN: https://ssrn.com/abstract=2525951

Amandeep S. Grewal (Contact Author)

University of Iowa - College of Law ( email )

Melrose and Byington
Iowa City, IA 52242
United States

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