By Rick Manning
America is discovering in horror just what Nancy Pelosi meant when she famously stated during the health care debate that, "we have to pass the bill so you can find out what is in it, away from the fog of the controversy."
The past couple of days the news has been filled by reports that the Obama Administration's own actuary for the Center for Medicare Services estimates that costs of the law are anything but revenue neutral and that they far exceed the 'estimate' provided to the public by the Administration. While many are chasing the question of if Obama knew about the higher estimates, when he knew, and if he suppressed them until the vote occurred, there is another massive problem discovered within the law.
Businesses will have to file 1099 forms with both the IRS and send them to the company that provided the services or sold the product for every expenditure that exceeds $600. If you react to this sentence the way my wife, who has run a small business did, you are saying, "that can't be right, 1099s are only for contract employees."
Well forget everything you thought you knew about 1099 forms, because Obama's health care law has changed it.
In practical terms, here is what the new law means. Joe's Plumbing prints up 100 color presentations at FedEx Kinko's for a trade show in New Orleans , where they are staying at a Holiday Inn for six days.
At a minimum, Joe's Plumbing will have to contact FedEx Kinko's, the airline, Holiday Inn, the rental car company, and the organization sponsoring the trade show and get taxpayer identification numbers from them so they can comply with this tax law. The company will then have to send out 1099 forms to each of these vendors and dozens, hundreds or thousands more vendors, depending upon the size of the company, thus adding significant compliance costs to every business in America. Everyone from a company's accountant, to building supplier, to carpet cleaner to janitorial service will be trading 1099 forms.
Yes, that's right, trading 1099 forms, because at the same time, Joe's Plumbing will also be receiving 1099 forms from every one of their business customers who spent more than $600 with them over the course of the year, which they will be required to keep and reconcile against their books.
Do you have any wonder why Joe's Plumbing might be more than a tad bit irritated? The new Obama health care takeover just took a guy with a pipe wrench, pvc pipe and a plunger and forced him into Dante's eighth circle of hell – tracking and filing IRS paperwork.
So, what kind of IRS rules will be put into place to set the framework for how all these tax forms must be filed and stored?
Actually, bombshell number two is that the IRS will not be setting these rules. Instead, those noted tax experts at the U.S. Department of Health and Human Services will be writing and overseeing these tax regulations. Why? Who knows? It is the Alice in Wonderland world of the Obama health care bill.
U.S. Representative Dan Lungren (R-CA) has taken the first steps in alleviating this paperwork chokehold on America 's small business by introducing legislation to repeal this new burden.
Let's hope that America 's businesses tell their Members of Congress to repeal what Lungren calls the "rat" tax, but what many observers believe should rightfully be called the preparation for the liberal Shangri-la of the VAT tax.
After all, once businesses are tracking every transaction over $600 and filing IRS paperwork on it, how much harder will it be for Congress to just say, add 10% to each bill and send it our way, extending taxation to every level of business unseen to unwary consumers who suddenly just see retail prices rise without knowing the increase is a new, hidden tax.
The requirement goes into effect January 2012. Better get a CPA on retainer. And stock up on toner and paper.
Rick Manning is the Director of Communications for Americans for Limited Government, and the former Public Affairs Chief of Staff for the U.S. Department of Labor.
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