New 1099 Law - Foundation For VAT

Obamacare – stalking horse for a VAT?
By: Mark Tapscott
Editorial Page Editor
05/06/10 3:26 PM EDT
Slowly but surely the word is spreading that buried deep within Obamacare’s 2,400 pages are all kinds of unpleasant surprises for individual Americans and their families as they seek medical care and insurance coverage.

But did you know Obamacare is also a stalking horse for imposing a European-style value-added tax (VAT)on Americans? CNN’s Money desk is raising alarms, though not of an approaching VAT kind:

“But under the new rules, if a freelance designer buys a new iMac from the Apple Store, they’ll have to send Apple a 1099. A laundromat that buys soap each week from a local distributor will have to send the supplier a 1099 at the end of the year tallying up their purchases.

“The bill makes two key changes to how 1099s are used. First, it expands their scope by using them to track payments not only for services but also for tangible goods. Plus, it requires that 1099s be issued not just to individuals, but also to corporations. Taken together, the two seemingly small changes will require millions of additional forms to be sent out.”

Curiously enough, though, the CNN writer doesn’t seem to understand what this change in tax law is really all about, settling instead for the government spin that it was needed to help generate new revenue to pay for Obamacare:

“Why did these tax code revisions get included in a health-care reform bill? Welcome to Washington. The idea seems to be that using 1099 forms to capture unreported income will generate more government revenue and help offset the cost of the health bill.”

The IRS estimates that the federal government “loses” about $300 billion in annual revenues as a result of business transactions that aren’t reported and therefore don’t boost the amount of taxable income that is reported. “Using 1099s to document millions of transactions that now go un-tracked is one way to begin to close the gap,” according to CNN.

But there’s the essential fact that puts this hidden surprise in Obamacare into perspective – The 1099 can be used to track and report to government millions more transactions that go into the creation, marketing and selling of all products and services. It thus becomes the paper trail for the government’s imposition and collection of a VAT.

With a VAT, government gets to tax a good or service at every stage from its production to it sale, but to do so, it first has to track all of the constituent transactions. Once that is possible, it opens up vast new opportunities for government to collect taxes to help pay for government benefits. That’s why the European welfare states all went to VATs decades ago.

It’s also a key reason none of the European economies grow as quickly as the free market economies in North America and Asia, or create new jobs as quickly, or generate entrepreneurial opportunities.

For more analysis of the Obama administration’s drive for a VAT, see last week’s Examiner editorial on the tax-hike charade.

Costly IRS Mandate Slipped into Health Bill

By Chris Edwards at Cato

Most people know about the individual mandate in the new health care bill, but the bill contained another mandate that could be far more costly.

A few wording changes to the tax code’s section 6041 regarding 1099 reporting were slipped into the 2000-page health legislation. The changes will force millions of businesses to issue hundreds of millions, perhaps billions, of additional IRS Form 1099s every year. It appears to be a costly, anti-business nightmare.

Under current law, businesses are required to issue 1099s in a limited set of situations, such as when paying outside consultants. The health care bill includes a vast expansion in this information reporting requirement in an attempt to raise revenue for an increasingly rapacious Congress.

In a recent summary, tax information firm RIA notes the types of transactions covered by the new 1099 rules:

The 2010 Health Care Act adds “amounts in consideration for property” (Code Sec. 6041(a) as amended by 2010 Health Care Act §9006(b)(1)) and “gross proceeds” (Code Sec. 6041(a) as amended by 2010 Health Care Act §9006(b)(2)) to the pre-2010 Health Care Act categories of payments for which an information return to IRS will be required if the $600 aggregate payment threshold is met in a tax year for any one payee. Thus, Congress says that for payments made after 2011, the term “payments” includes gross proceeds paid in consideration for property or services.

Basically, businesses will have to issue 1099s whenever they do more than $600 of business with another entity in a year. For the $14 trillion U.S. economy, that’s a hell of a lot of 1099s. When a business buys a $1,000 used car, it will have to gather information on the seller and mail 1099s to the seller and the IRS. When a small shop owner pays her rent, she will have to send a 1099 to the landlord and IRS. Recipients of the vast flood of these forms will have to match them with existing accounting records. There will be huge numbers of errors and mismatches, which will probably generate many costly battles with the IRS.

Tax CPA Chris Hesse of LeMaster Daniels tells me:

Under the health legislation, the IRS could be receiving billions of more documents. Under current law, businesses send Forms 1099 for payments of rent, interest, dividends, and non-employee services when such payments are to entities other than corporations. Under the new law, businesses will be required to send a 1099 to other businesses for virtually all purchases. And for the first time, 1099s are to be sent to corporations. This is a huge new imposition on American business, costing the private economy much more than any additional tax that the IRS might collect as a result.

There appears to have been little discussion before this damaging mandate was slipped into the health bill and rammed through Congress, but a few business groups did raise concerns. Here’s what the Air Conditioner Contractors of America said:

The House bill would extend the Form 1099 filing requirement to ALL vendors (including corporate) to which they pay more than $600 annually for services or property. Consider all the payments a small business makes in the course of business, paying for things such as computers, software, office supplies, and fuel to services, including janitorial services, coffee services, and package delivery services.

In order to file all these 1099s, you’ll need to collect the necessary information from all your service providers. In order to comply with the law, you would have to get a Taxpayer Information Number or TIN from the business. If the vendor does not supply you with a TIN, you are obligated to withhold on your payments.

Private transactions are the core of a market economy, and the source of America’s growth and prosperity. Now the federal government is imposing a vast new web of red tape on perhaps billions of these growth-generating private exchanges.

For what purpose? So the spendthrift Congress can shake a few extra bucks out of private industry? The business sector is the generator of America’s high living standards, but most federal legislators just see it as a kitty to be raided or a cow to be milked dry.

I’m stunned that there wasn’t a broader debate before such a costly mandate was enacted. If it goes into effect, it will waste vast quantities of human effort in filling out forms, reworking computer systems, collecting and organizing data, and fighting the IRS. The struggling American economy can’t afford anymore suffocating tax regulations. This mandate is a giant deadweight loss. It should be repealed.