Lurking Challenges to the ACA Tax Credit Regulations
Bloomberg BNA Tax Insights (2015)
6 Pages Posted: 25 Apr 2015 Last revised: 3 Oct 2015
Date Written: April 23, 2015
King v. Burwell focused on whether Treasury regulations properly extended Affordable Care Act premium tax credits to health care policies on federally established exchanges. The Supreme Court’s decision in that case put an end to that particular controversy.
However, Treasury regulations under Section 36B present problems beyond those at issue in King. As this essay shows, the Treasury has extended credits to potentially millions of individuals plainly not covered by the statutory language. Consequently, further rounds of litigation may arise.
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