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IRS: New Health Care Law Imposes ‘Significant’ New Burdens

Even the IRS Says this Bill Looks Like Overkill

Cross-posted at Liberty Central.

Advocates of the president’s health care bill made a lot of promises in the run-up to passage of the law. They said health care costs would go down, people could keep insurance that they were happy with, the law would not increase the budget deficit, and small business would not be burdened by the new law. In the months since the law was signed, federal officials have begun to admit that all of those assurance were false. The latest shoe to drop comes from the IRS, which now says that businesses and charities will face significant new burdens – burdens which even this agency says may be ‘disproportionate’ to any benefit from the law:

The new regulations, which kick in at the start of 2012, require any taxpayer with business income to issue 1099 forms to all vendors from whom they purchased more than $600 of goods and services that year. That promises to launch a fusillade of new paperwork: An estimated 40 million taxpayers will be subject to the requirement, including 26 million who run sole proprietorships, according to a report released this week by National Taxpayer Advocate Nina Olson…

“The new reporting burden, particularly as it falls on small businesses, may turn out to be disproportionate as compared with any resulting improvement in tax compliance,” the Taxpayer Advocate Service wrote in a report released this week.

The new rules are aimed at reducing the “tax gap” between what individuals and businesses owe and what they actually pay. The federal government misses out on estimated $300 billion each year from tax underpayment. The expanded reporting requirements, which Congress slipped into the landmark health care reform bill passed in March, are an attempt to create a paper trail of 1099s exposing business-to-business payments that might otherwise stay off the radar.

But the cost of that paper trail could swamp the small companies, sole proprietors freelancers forced to generate it. Pennsylvania business networking organization SMC Business Councils surveyed its members and found that they currently average 10 filings a year of 1099 forms. The new rules would push that average to more than 200 filings per year for a typical small business, the industry group estimates…

Henschke foresees another unintended consequence of the new reporting provisions: that in order to cut down on tax forms to be filed, businesses will trim the number of vendors they do business with. “I’ve actually heard businesses talking about consolidating their purchases, going from 150, 200 vendors, down to less than 100,” he said. “That will most certainly lead to some small businesses being swept under the door…”

That was just one of seven major pitfalls the Taxpayer Advocate Service foresees in the new rules. It also questions whether they will actually do much to close the tax gap. Because of product returns and other complications, the payments documented by the 1099 trail won’t match up cleanly against the revenue businesses report. “The IRS will face challenges making productive use of this new volume of information reports,” Olson’s office concluded.

That could help explain one otherwise puzzling aspect of the new tax law, which is that despite the sweeping reporting requirements, the Joint Committee on Taxation — a nonpartisan Congressional committee that analyzes pending tax legislation — estimated that it would bring in only about $2 billion a year in new tax revenue. Committee staffers wouldn’t comment on the record.

So 40 million more taxpayers will be required to file 1099 forms, and many businesses will go from filing about 10 annually to filing more than 200. Small vendors will likely lose a great deal of business, as their customers try to limit their purchases to only large suppliers. And even according to the Internal Revenue Service, these new reporting requirements will bring in only a negligible amount of new tax revenue.

How many businesses will be shut down by this new law? How many jobs will be lost? Speaker Pelosi suggested people would not find what was in it until after it was signed into law. She wasn’t kidding!

And apart from the burden imposed on businesses, the IRS also says it will need a lot more tax money to enforce this new law. The taxpayer therefore takes a double hit.

Is this the change American voted for?

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COMMENTS

  • http://fairfaxgardener.blogspot.com ddstrain

    We’ll likely close our online biz in Dec 2011, if this isn’t repealed. Opportunity, growth and entrepreneurship destroyed by Obamanomics. Gee thanks you 52% of voters who were so gullible and easily snowed…

    • banzaibob

      Just wait until Financial Reform passes. You know, another bill that has to be enacted to see what’s in the bill.

    • devan95

      Between the huge increase in min wage last July (actually a business tax), the ObamaCide taxes and the tax increases coming in Jan. 1, you won’t make it to 12/11. Here’s John Gault’s plan that wasn’t in the book: THE FREEDOM MANIFESTO

      I read an article in Politico on the agenda of MoveOn.org, which explains their new agenda, now that the most liberal politician in our history has been elected President. Got me thinking of what it would look like if the “right” would – hypothetically speaking, of course – develop a plan to resist MoveOn, Obama and the age of huge (not just big) government. These people at MoveOn did not wait for politicians in Washington to step up to their agenda – they stepped up to the politicians and said “you are going to do this, or else.” We Christians and Conservatives, likewise cannot continue to howl and fuss at Republicans who do not fight for the Founding Principles upon which our nation was founded. If MoveOn and the Daily Kos can do it, so can we. And we must. The attack plan below to restore Constitutional government, is just a start but should include:
      1.Establish the groundwork for a boycott of the federal income tax. If you no longer feel the federal government is operating within the confines of the Constitution, you have a moral obligation to become a conscientious objector and simply say NO to the payment of taxes to Washington. Does the Constitution give the Feds the right to bail out labor unions and give non-citizens rights and benefits? If you feel that by doing so, our sovereignty, Constitution and Bill of Rights are null and void then so is any responsibility you may have had for taxes under the 16th Amendment. 2. Begin a vigorous campaign to urge the public to home-school and/or send their children to private schools, with or without vouchers. Then begin a major program to build a private, non-union school system. This is the only way we will crack the huge union dominated government school bureaucracy. 3. Begin to use the legal system to fight big government. If the ACLU can do it, why can’t we? We must begin to bring suit on every issue that threatens our nation’s original freedoms and traditions. 4. We begin a systematic march on the media, especially television. TV is the medium through which the liberal agenda is being implemented. The left learned long ago that a picture is worth a thousand words and the best example of this is the pictures of bodies of dead soldiers they broadcast every time we are in a war they do not approve of (usually when a Republican is leading it!). Holding pro-America, Republican rallies at local TV stations would be a great start – especially if the liberals re-implement the “Fairness” Doctrine. 5. Boycott employers who advertise on far left liberal media outlets like NBC. No patriotic American should buy a General Electric household product as long as Matthews, Olbermann and their ilk are permitted to spew their anti-Republican, anti-American hatred. 6. Expose the controlling roll that unions play in growing a totalitarian media/government complex. 7. Establish an underground network of physicians and health care providers that will fight to preserve private sector medicine. 8. Establish Committees of Correspondence and Safety to provide communications and security – just as our Founding Fathers did. 9. Join the NRA as we have just as much right to carry guns under the 2nd Amendment as the media does to carry cameras under the 1st Amendment. 10. Demand adherence to the 9th and 10th Amendments of the Constitution and promote and support state sovereignty efforts. 11. Tell your health care providers that they do NOT have your permission to enter your private medical information in a Federal data base as required in the recently passed (and unconstitutional) so called Stimulus law. 12. Give every American citizen two million dollars, deposited in a bank of their choice, in conjunction with the elimination of Social Security and all federal welfare programs such as WIC, S-CHIP, Medicare, Medicaid, HUD, etc. Shut them all down and 13. Repeal the 17th Amendment 14. Repeal the law that makes government employee unions legal.

      • texasgalt

        uh, it requires $600 Trillion.

        Let’s just start with taking congress or at least the House on Nov 2.

        • romans12n2

          That list was soaring beautifully, until it hit that goose at #12.

    • romans12n2

      Is there room in there for me? Cause it looks like I’m in that same boat. There’s no way I can comply with that. It’s all I can do to stay on the legal and at least ethical side of the law now. Of course this will be good for our competitors who don’t care if they do the right thing or not. Looks like another successful act of the Obama Admin. to eliminate the cometition of his unethical cronies and supporters (and current BFFs), illegal alien contractors.

  • pamela1631

    To the societal leeches that believed Obama’s promises of vote for me and they would get something for nothing.

    So tell me what happens when there is nothing left except the grasping hands contingent, the unions and government employees?

    Cause and effect in action.

  • bobojake
  • texasgalt

    until they have created so many laws that everyman will be a criminal and the last hint of laissez faire is erased.

    Their agenda must not only be crushed in November but the Franks, Rangels, Reids and Dodds of the left need to be investigated and jailed where charges can be proved.

    No crawfishing on this when the MSM starts wailing about the criminalization of politics. The crooked left deserves more than defeat and scorn. There needs to be a reckoning.

    • E Pluribus Unum

      Darrel Issa is going to be my best friend before this is all over.

  • rdelbov

    and thought ouch. As good as it is for the domestic printing business-what is the implication of 600 million new 1099′s (my estimate does the IRS have a number?)

    I did not do the IRS link but every 1099 has to be into the system–we will need several new IRS offices-unless we outsource it to India or China or Vietnam to handle the keypunching.

    This is scary folks. Its a job killer-small business killer.

  • AceInTX

    We run it from our home office…if I buy ten printer cartridges from Office Depot If I read this correctly, I will be required to track these purchases and issue a 1099 to Office Depot?

    If I buy a computer from Dell for $900 am I supposed to generate a 1099 for them?

    If I pay a lawn care company to maintain my lawn, since I claim the home office deduction, am I supposed to generate a 1099 for him? what of the phone company, Cell phone company? My utilities?

    How far does this go?

    So I’ll need to do this for my accountant as well,,,as well as hire a full time office person to track all of this?

    Maybe I’ll just shut everything down and go on public assistance?

    • GregInFla

      must have the taxpayer ID of the business that you bought those cartridges and office supplies from.That means that YOU need to go to the store and get Office Depot’s (for example) Taxpayer ID from them. Imagine what the store manager is going to say. They’ll have to start putting THEIR taxpayer ID on all receipts.

      I had heard this item discussed on a radio talk show a couple months ago, and did not believe that they were interpreting this rule correctly. 1099′s are supposed to be only for labor-type expenditures, not for goods you sell or use. For example, if I pay someone $1000 to clean my office for the year, I have to give her a 1099. MY wife got a 1099 for teaching some classes for our homeschool community group. Why should I now have to get a 1099 from Staples when she buys printer paper and a few toner cartridges that could exceed $600? I have receipts on my end, and Office Depot counts it as a sale, not an expense.

      • izoneguy

        Screw the IRS – even if they want me to provide a 1099 to “office Depot”, Target…etc…
        I won’t do it.
        Let them figure out that this will in essence seize up the system.
        They have already admitted that they won’t be able to handle ObamaCare. Good luck with tracking down 1099′s for over $600
        purchases….What everyone that buys food is supposed to send Kroger & WalMart 1099′s?????

        2010 cannot come soon enough.

        • E Pluribus Unum

          But I would say we are very close, if not there.

          • texasgalt

            but I am feeling pretty dang froggy.

        • texasgalt

          There’s a limit. I already have to collect child support for the Texas AG. And collect sales tax and calculate, pay and report state and federal unemployment tax (SUTA & FUTA), calculate inventory and equipment values to pay property taxes to the city and county, calculate and pay the insane Texas gross margins tax,

          Add to this spend 100s of hours preparing a fiscal yr end 1040 to pay the IRS.

          Screwup any of these and I am faced with penalties and interest that would shame a loan shark. Example: file and pay the sales tax one DAY LATE and you owe a 5% penalty of the total due.

          • izoneguy

            last year because she saw what was coming. She sold her business
            to a young guy but the same people still work there. They are pretty much rolling their eyes at this….They don’t come right out and say it, but I know how they feel and they know why I have quit paying myself….
            I am in Galt mode. I pay myself enough to pay the mortgage and buy gas.

          • texasgalt

            40% of the economy is going be off-book- conducted in cash, barter, trade or laundered thru fronts- you know, sorta like Italy.

            Job creation, real jobs, in this environment- forget about it.

      • itrytobenice

        I work for a bank that buys donuts for the employees every Friday. About $20/wk. So now, when we go in the local donut hole to buy a box, we’ve got to get the proprietor to give us a W-9 and track our donut purchases all year so we can get him a 1099 for the donuts.

        Do that times 1000 for a year. And some of it will be wasted, but still add burden. If we go to the local furniture store and buy a chair to replace a broken one, we will need a W-9 just in case we end up buying 3 or 4 more during the year.

        It’s a penalty if Feb rolls around and we don’t have our W-9s in order.

        And forget civil non-compliance. When you are bank, or any other business that gets to enjoy regular audits, you comply or die. No one else files use tax returns either, but we darn sure do.

        Paperwork is a productivity and profitability killer. One more reason people who work in gov’t are destruction on wheels for the free enterprise system. They don’t have a smurfing clue.

  • joecollins

    This new law will require me to keep additional records, issue 1009s, AND to verify the 1099s which are issued to me. All will add to the administrative overhead and further my opinion that I work to earn money for my business partner – the government.

    • AceInTX

      I work to earn money for my business partner – the government.

    • qixlqatl

      I know are just giving up. (That’s very small businesses, <10 employees). It isn’t worth it anymore. The guy I have been working for is packing it in as soon as he completes his current contracts. I’ll be out of work in less than 2 months. And you know what? I don’t blame him one single little bit.

  • wannabeanncoulter

    I’ve been self-employed for nearly 30 years. It seems to me that the 1099 requirement has been in place for some time. At least for the past 15 years or so, I’ve always gotten 1099 forms from clients whom I’ve billed for $600 or more.

    Also, on the rare occasions when I’ve passed along work to freelancers and the billable amount reached $600 or more, I’ve issued 1099 forms as well. Early on, I’d just pick up boilerplate forms from a stationery store. Later on, I realized I could just print them out on my computer. The math was easy since I wasn’t responsible for FICA or other deductions.

    • izoneguy

      I need to check with my accountant.
      But the way I read it is now you would have to issue
      let’s say – Office Depot a 1099 if you spend over $600 with them….

      Maybe I am wrong but how the hell will that work???

      People like me would just make sure to “spread the wealth around”
      so I would not spend over $600 in one place…..

      I guess now my accountant will charge me so they can make a 1099 out for themselves from me??

      This is like making love to your cousin….I guess in the liberal world they don’t have a problem with that either.

      • wannabeanncoulter

        But the way I read it is now you would have to issue
        let?s say – Office Depot a 1099 if you spend over $600 with them?.
        Maybe I am wrong but how the hell will that work???

        I have a feeling it’s not purchases from Office Depot that the IRS is concerned about. I have a feeling the focus will be on establishing paper trails for much, much smaller vendors and clients.

        If you buy $600 worth of supplies from Office Depot, keep the receipt, and declare that as a legitimate business expense, the IRS has no problem. I seriously doubt the IRS will rule that you have to cut a 1099 form for Office Depot (gosh, at least I hope not).

        I think the IRS is more concerned with under-the-table and off-the-books transactions among super small businesses, especially sole proprietorships. In my field, I’ve heard several freelancers describe how they game the 1099 requirement in order to reduce their amount of reportable (and taxable) income. I think that’s the type of stuff the IRS wants to crack down on. Will it produce $300 billion more in revenue? I doubt it.

        • itrytobenice

          The IRS will enforce the law. If you don’t issue a 1099 for some of your purchases but do for others, you are in noncompliance and can be fined.

          If you think they won’t ever use that for a ‘revenue enhancing mechanism’ you’re not very familiar with your Uncle Sammy.

          • wannabeanncoulter

            The IRS is all about revenue-enhancing mechanisms!

            I know I’m being overly optimistic here, but I still think the IRS is going after the $300 billion (gov’t estimate) of unreported income that shifts around among the self-employed and independent contractors, not the $600 purchase of ink cartridges from Office Depot that a sole proprietor expenses on his income taxes.

            If Congress wrote the law sloppily (which happens amazingly often), the IRS will tighten up the regulation and issue a clarification. That’s happened before too.

            I just don’t think sole proprietors should bail out of their businesses in a panic because of the “new” 1099 rule until they check with their tax preparer and until the IRS offers a clarification.

  • GregInFla

    and IRS auditors.

    • E Pluribus Unum

      nt

  • Tbone

    if you plan to institute a national, Value Added Tax.

    Wake the F up folks.

    • Achance

      enough to think they could actually audit and cross-match to income. I don’t even think this lot is that stupid.

      • Tbone

        1099s only record what’s been paid. That figure has no cross match to taxable income but it is the key figure in calculating VAT.

        • Jack_Savage

          Or would I need to issue Panera Bread a 1099 if I got more than $600 worth of bagels in a year for customers?

          Why would the IRS need 1099′s to charge a VAT? Would that not be charged by the vendor at the time of the sale?

          • Tbone

            to figure what value has been added.

      • snowshooze

        And it hasn’t even started.
        To sew up every single purchase my company might make..
        Yes, Achance the wonderful government computers do have the horsepower to cross check us to oblivion and beyond…and we are stuck itemizing every detail of our business until we no longer have time to persue life, liberty or happiness. They can’t get it all, but they will make it hard.
        Drive a nail in that board? That will be $200.00…just to cover the administration. You keep your mouth shut and I will do it for free.
        That is exactly what it says, and no expense or burden on our end is too much for them to justify… and they don’t have to.
        The Government is so obsessed with the thought that we are a bunch of bandits stealing ” Their Revenues ” that they will finally force us to do just that at every opportunity in self defense.

        Bring you business here! Home of the 30% cash-no-receipt Discount!

        You bet I’d do it, and maybe a bit more. Really…sounds like a good idea….
        Oh…and that idiot at the IRS who said he thought this was overkill…I bet he is out of a job.

    • itrytobenice

      That one slid right over my head.

      I was getting their incompetence mixed up with their deviousness.

  • pamela1631

    That all the accounting software and computer hardware being used to track everything was contracted out to the lowest bidder.

    And not all of their systems are created equal or updated on a regular basis. I see major malfunctions due to overload and crashes.

  • devan95

    The folks at the IRS shouldn’t worry their pretty little heads because millions will simply not comply, not file, leave the country, all of the above, etc. See Prohibition.

  • Richard Mullins

    It was already bad for me when I was a courier some years back, but it’s going to the insane. So I need to give H-E-B,Kroger,Wal-Mart,Fiesta and one else a 1099 if you purchase over $600 of product from them? Why $600, usually this stuff is $500 or what not. I suppose that I have to give Valero and Shell a 1099 too huh. One more reason to kill the IRS permanently. We should never let some money hungry run taxing policy because that’s what they do.

  • mkozikowski

    Phew,
    this is going to lead to a whole swarm of new/saved jobs in the IRS.

    Nothing like creating jobs to “Fire Up!” the economy.
    Looks like we are “Ready to Go!”

  • azred

    will be exposed by putting the EIN or SSN out further in the open so that the casual small business customer can properly file the 1099s?

    I’m actually selling my business, getting a 5 year employment retainer, and minimizing the major tax hit that’s coming.

    With 1099 overhead, 3-4% income tax increase, 5% cap gains increase, 19% dividend increase, etc, etc, etc, the more you pull out of the system this year, the more you hang onto.

  • http://www.scragged.com petrarch

    The fact that the IRS’s hair is standing on end when they contemplate enforcing this trainwreck, is at least somewhat reassuring. I suspect the IRS will issue regulations that eliminate the overwhelming majority of the paperwork – not because they care about your business, of course, but because they know perfectly well there’s no possible way they could process it all nor will they get the budget to do so.

    I can already imagine several ways around. For example, the tiniest of companies (e.g. sole proprietorships) could simply have the owner buy everything on their credit card, then file for expense reimbursement as has been done since time immemorial. That’s already non-taxable to the employee, (mostly) tax-deductible to the company, and outside of 1099 reporting requirements. That won’t help larger firms, but small ones could use it.