Pub. L. 116-94, div. N, tit. I, subtit. E, sec. 503 (as amended)
REPEAL OF EXCISE TAX ON HIGH COST EMPLOYER-SPONSORED HEALTH COVERAGE.
SEC. 503. REPEAL OF EXCISE TAX ON HIGH COST EMPLOYER-SPONSORED HEALTH COVERAGE.
(a) In General.āChapter 43 of the Internal Revenue Code of 1986 is amended by striking section 4980I.
(b) Conforming Amendments.ā
(1) Section 6051 of such Code is amendedā
(A) by striking āsection 4980I(d)(1)ā in subsection (a)(14) and inserting āsubsection (g)ā, and
(B) by adding at the end the following new subsection:
ā(g) Applicable Employer-Sponsored Coverage.āFor purposes of subsection (a)(14)ā
ā(1) In general.āThe term āapplicable employer-sponsored coverageā means, with respect to any employee, coverage under any group health plan made available to the employee by an employer which is excludable from the employeeās gross income under section 106, or would be so excludable if it were employer-provided coverage (within the meaning of such section 106).
ā(2) Exceptions.āThe term āapplicable employer-sponsored coverageā shall not includeā
ā(A) any coverage (whether through insurance or otherwise) described in section 9832(c)(1) (other than subparagraph (G) thereof) or for long-term care,
ā(B) any coverage under a separate policy, certificate, or contract of insurance which provides benefits substantially all of which are for treatment of the mouth (including any organ or structure within the mouth) or for treatment of the eye, or
ā(C) any coverage described in section 9832(c)(3) the payment for which is not excludable from gross income and for which a deduction under section 162(l) is not allowable.
ā(3) Coverage includes employee paid portion.āCoverage shall be treated as applicable employer-sponsored coverage without regard to whether the employer or employee pays for the coverage.
ā(4) Governmental plans included.āApplicable employer-sponsored coverage shall include coverage under any group health plan established and maintained primarily for its civilian employees by the Government of the United States, by the government of any State or political subdivision thereof, or by any agency or instrumentality of any such government.ā
.
(2) Section 9831(d)(1) of such Code is amended by striking āexcept as provided in section 4980I(f)(4)ā.
(3) [26 U.S.C. 4971] The table of sections for chapter 43 of such Code is amended by striking the item relating to section 4980I.
(c) [26 U.S.C. 6051 note] Effective Date.āThe amendments made by this section shall apply to taxable years beginning after December 31, 2019.
- Cross-references to the US Code
- 26 U.S.C. 497126 U.S.C. 6051 note