How the IRS repeatedly rewrites Obamacare tax credit provisions
Washington Post ^ | April 15, 2015 | By Jonathan H. Adler
Posted on 4/15/2015, 8:59:01 AM by Oldeconomybuyer
The plaintiffs in King v. Burwell argue that an IRS regulation unlawfully extends tax credit eligibility beyond what is expressly authorized under Section 1401 of the Patient Protection and Affordable Care Act (PPACA). It appears that this sort of administrative rewrite of the PPACA may be more the rule than the exception.
These IRS rewrites have potential consequences beyond the extension of tax credits beyond what Congress authorized. As with the regulatory change expanding tax credit eligibility to some unlawful aliens, the IRS cited no authority for making this change.
Fairly administering this law requires implementing it as written, and seeking legislative revision of those provisions now understood to be unworkable or unwise. Congress has already made over one dozen changes to the PPACA that have been signed into law, and there is no reason it could not make others. If more changes are necessary (and I suspect most think they are), it is a job for Congress, not the IRS.
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