EXCISE TAX

T.D. 9544, page 458. REG–112805–10, page 482. Temporary and proposed regulations provide guidance on the annual fee imposed on covered entities engaged in the business of manufacturing or importing branded prescription drugs. This fee was enacted by section 9008 of the Patient Protection and Affordable Care Act. The temporary regulations affect persons engaged in the business of manufacturing or importing certain branded prescription drugs. The temporary regulations provide an explanation of terms, a description of the information requested from covered entities and agencies, the calculation and notification of a preliminary fee, a dispute resolution process, the final fee calculation and notification, the tax treatment of the fee, and instructions regarding how to claim a refund.

Notice 2011–73, page 474. This notice requests comments on a proposed safe harbor for affordability under section 4980H(b) of the Code. Comments must be submitted by December 13, 2011.