They're Calling It "The Botax"
Going in for new boobs and the like? The government is aiming to lift and separate you from your money -- taxing cosmetic surgery in the health care "reform" bill. From law prof William A. Jacobson, blogging at Legal Insurrection:
Harry Reid and his Democratic band of friends want to impose a 5% excise tax on all elective cosmetic surgeries (those which are not needed to repair deformaties or injuries caused by an accident or disfiguring disease). It's all in Section 9017 of Harry Reid's 2,074 page monstrosity released tonight:There is hereby imposed on any cosmetic surgery and medical procedure a tax equal to 5 percent of the amount paid for such procedure (determined without regard to this section), whether paid by insurance or otherwise.To where does the health care bill direct you for the definition of "cosmetic surgery"? To Section 213(d)(9)(B) of the IRS Code:
(B) Cosmetic surgery defined.-- For purposes of this paragraph, the term "cosmetic surgery" means any procedure which is directed at improving the patient's appearance and does not meaningfully promote the proper function of the body or prevent or treat illness or disease.That's 5% which falls mostly on women, who make up the bulk of cosmetic surgeries. Add 5% to every breast enlargement, nose job, face lift, tummy tuck, and liposuction.
But, no, Obama's not going to tax anybody making less than $250K -- not unless they have an ugly nose, a flat chest, or a lot of crow's feet.
via Insty







So, does this bill take psychological factors into account?
If a patient - whose self-esteem is shot to hell because her nose looks a certain way - brings in a note from a psychologist, is she exempt, because the surgery is deemed 'psychologically necessary' by a professional?
What about trangender surgeries? They may be classified as 'elective', but again, it's the psychology factor. Both the patient and the doctor may deem this procedure necessary, but whoever sets the taxation rules may not.
Kyle at November 19, 2009 8:47 AM
Under that definition, everyone who has any sort of post surgical reconstruction (think mastectomy, which we'll see a lot more of if we follow the new money-saving guidelines not to have mammograms) will be charged a "cosmetic surgery tax".
Robin at November 19, 2009 9:02 AM
Hmmmm...someone is indeed crunching the numbers, aren't they? And here we were all told that this health care reform was not going to cost "a dime more" to the taxpayer. So very clever, these politicians.
And how suspicious that the govt just came out with new guidance for women to wait until age 50 to get mammograms and then only every 2 years? Having personally known a few women in their EARLY 30'S who have developed breast cancer, uh, no thanks.
Those idiots are looking for every possible way to pay for this nightmare. Makes me sick. (pun intended)
the other Beth at November 19, 2009 9:04 AM
If this is such a "great plan" why are the Obamas and every member of Congress and the Senate exempt?
Flynne at November 19, 2009 9:19 AM
Amy Alkon
http://www.advicegoddess.com/archives/2009/11/19/theyre_calling.html#comment-1678102">comment from FlynneWelcome to the Politburo!
Amy Alkon
at November 19, 2009 9:26 AM
A friend's wife was sporting a pair of FF's. She was having back problems. The insurance compay paid to trim her down to DD.
The surgery messed up and hit a nerve, causing continued pain. A month later, they fixed it by cutting the damaged one to a D. He had to pay, out of pocket, to get the other to match.
I wonder how that would be taxed?
Jim P. at November 19, 2009 10:19 AM
I know quite a few women with breast cancer much younger than 50. A cousin is currently stage 3 and 34 years old. A frirend's husband had a heart attack at 35. Their lives, apparently, are the ones not worth saving.
momof4 at November 19, 2009 10:24 AM
You know, what bugs me at a visceral level is the fact that this bill is 2074 pages long. That means that no single person really knows what is in the thing.
Legislation ought to be short. One way to enforce this is the "read the bills" idea: any bill must be read on the Senate floor in its entirety before it can be voted on. No one will listen, but the sheer time required would force shorter legislation and limit opportunities for corruption, um, I mean, amendments and earmarks.
bradley13 at November 19, 2009 10:31 AM
This reminds me of Sen. Kennedy's "brilliant" luxury tax that was enacted in 1991. In order to "tax the rich", a 10% tax was levied on boat sales over $100,000, and of course it was projected to bring in all kinds of money based on yacht sales from previous years.
So what happened the following year? There was a 77% drop in yacht sales as the rich either put off buying yachts or looked overseas. Additionally, 25,000 workers lost their jobs in the boat-building areas of Maine and Massachusetts as lots filled up with unsold inventory.
This tax not only fell way short of expected revenue, but it devastated the boat-building industry for years. Looks like the idiots in Congress want to do the same thing now to the cosmetic surgery economic sector.
Dar at November 19, 2009 10:32 AM
Actually, I'm kind of surprised it isn't already taxed under sales tax.
NicoleK at November 19, 2009 10:38 AM
I go around thinking I'm pretty astute with a good sense of humor, and then I encounter gems like "Botax" and I have to go and face reality and get all depressed for a few weeks.
jerry at November 19, 2009 10:39 AM
The question of why our political class is to be exempted from the requirements of and care under this "reform" needs to be repeatedly asked of every member of Congress who votes or voted for this 2,000+ page monstrosity, asked of President Obama, and asked of every member of the chattering classes.
All those who mindlessly denigrate opponents of this healthcare bill need to explain why the political "elite" will get a different version of healthcare then the Great Unwashed do. Will the elites get better healthcare? [Yes] Who will be paying for it? [We will] Why are some animals more equal than others?
BTW, it's probably just a typo, but members of the Senate are members of Congress. The Senate is one deliberative body of the bi-cameral legislature we know as Congress. The House of Representatives is the other.
Conan the Grammarian at November 19, 2009 11:18 AM
That's it! I am now against Obamacare.
Obviously, boob jobs ought to be free!
Who wants a nation of flat-chested women, like before?
Much better scenery nowadays.
Heflin Buttlesworth at November 19, 2009 1:37 PM
Amy:
That's 5% which falls mostly on women, who make up the bulk of cosmetic surgeries.
- - - - - - - - - -
... but there must be tax on circumcisions SOMEWHERE in this bill.
Maybe the people reading it just haven't got to that part yet...
Ben-David at November 19, 2009 1:46 PM
Michael Reagan, son of Ronald reagan used to be in the business of selling yachts. I heard him speak about the government putting a luxury tax on "the rich" as they could afford it.
Thousands of jobs were lost as the price was no longer competitive and "the rich" started buying their yachts overseas.
I bet those people who made and sold boats were ever so thankful for the government interference.
David M. at November 19, 2009 2:20 PM
Come on people- get real. Change always hurts, and to do nothing with the health care situation in America is absolutely ridiculous. Even if there are some unfair, or ridiculous parts to this process of change, I can't believe yall are defending the present status-quo! Health care should not be a luxury (like most cosmetic surgery certainly IS), or a right to only who can afford it. Put that in your pipe and smoke it, you Obama bashers! OBAMA ROCKS!
eric at November 19, 2009 3:16 PM
Dar and David M, you're right on - and in Florida, tens of thousands of jobs went away.
The Netherlands and Singapore say, "Thank you for the added business!"
Radwaste at November 19, 2009 3:21 PM
Eric:
First of all,Fuck Obama, two, put that up your ass and and rotate. Actually, you need to get your liberal head out of your ass and really think about what you are saying which is "lets just do something no matter how insane, stupid and ridiculous it is just for the sake of "change" cuz "Obama rocks". Health care is a responsibility, NOT a right, get that thru your thick liberal skull, which YOU should be paying for on your own. One more, thing, Most people could afford it, if they were more responsible and got health insurance first, instead of buying the new car, the house they can't afford and other "luxuries".
Dragonslayer666 at November 19, 2009 4:35 PM
Amy Alkon
http://www.advicegoddess.com/archives/2009/11/19/theyre_calling.html#comment-1678191">comment from ericHealth care should not be a luxury (like most cosmetic surgery certainly IS), or a right to only who can afford it.
"Afford it"? Some people with pre-existing conditions, like, from childhood, have a real problem.
I found money to pay for health insurance when I had no money. I've said it many times here: I slept on a door on two milk crates instead of a bed, but I paid my Kaiser HMO monthly fee from the time I was in my 20s. I know other people who choose to have luxury items and forgo healthcare. Why should I subsidize them? My health insurance and my rent were my top priorities (I didn't own the building and I don't sign contracts and then not follow through). Eating and sleeping on a mattress came second. I used to save half my sandwich from freelance jobs and take it home for dinner and buy baked beans on sale at Gristedes on my way home. Once I worked as a mover, and I worked as a bike messenger for a couple of days, too. It sucked, but my parents fed me, clothed me, and sent me to college, and I'm not their financial responsibility anymore -- or yours or anyone else's.
Amy Alkon
at November 19, 2009 4:56 PM
One way to enforce this is the "read the bills" idea: any bill must be read on the Senate floor in its entirety before it can be voted on.
Bradley, from your mouth to Senator Coburn's ear.
http://www.washingtontimes.com/news/2009/nov/19/health-bill-could-get-34-hour-reading-senate/
kishke at November 19, 2009 7:14 PM
This botox tax is small stuff compared to the real tax increase coming on everyone whose employer provides them health insurance coverage. Under both the House or Senate bills in their current versions, starting at the beginning of 2010 (2011 in the Senate bill) every employee with health coverage will be taxed on the value of medical insurance coverage provided by their employers -- if either bill passes as it is now.
That means, essentially, that every pay period, the value of the coverage the employer pays for you for that month is added to your gross income, taxes are withheld, then the amount is subtracted back out as a payroll deduction (since it's noncash income only). At the end of the year, it's on your W-2. At middle class tax rates, if the employer pays $500/month for his share of your coverage, your fed and state tax bill will increase by around $2,000 per year, taken out each pay period as additional withholding tax.
This is going to affect all the 170 million people currently covered by employer health coverage. I'm amazed this is not getting any publicity at all. Obama and his socialist congress is socking it to the middle class, but good, to fund the privilege of having our lives regulated just as much, and in as many areas, as our masters please. Where's the publicity? Where's the outrage? While we fulminate over some silly botox tax, this grand theft of working Americans is flying under the radar.
Don't believe it? Just go read either bill. The provision is contained in Sec. 9002 of the Senate bill, page 1996. The senate bill is at http://www.scribd.com/doc/22734971/Senate-Democrats-Health-Care-Reform-Bill.
cpabroker at November 19, 2009 8:06 PM
And now that cheap human fat is shipping from Peru, why, it's big puffy lips for everybody!
http://news.bbc.co.uk/2/hi/americas/8369674.stm
Just ignore the part about harvesting human fat by murder and enjoy your newfound perkies!
Gog_Magog_Carpet_Reclaimers at November 19, 2009 11:02 PM
Heres a few questions,
1 if we are going to pay more than 800 billion in taxes to finance this thing to insure less than 10% of americans what the fuck is it going to cost when employers drop their employees into the public option?
2 and what happens when people decide to opt out of their employer plan due to the taxes on it if their employer doesnt drop them?
3 and if its being paid for by taxes then why do we have to buy a policy?
What kind of morons willingy pay twice for the exact same things?
lujlp at November 20, 2009 2:49 AM
to add to lujlp's train of thought:
4 - where are they going to build all the jails to hold all of us who won't be buying their mandated policies because we won't be able to afford them with the higher taxes, yet won't qualify for subsidies?
brian at November 20, 2009 6:02 AM
They'l just re task the Fema death camps the bush administration built
lujlp at November 20, 2009 8:43 AM
"They'l just re task the Fema death camps the bush administration built"
...hey. I've seen the black plastic body boxes. And I have an escape plan for when the shit hits the fan. My advice? Everyone buy these: http://www.ted.com/speakers/michael_pritchard.html
Gretchen at November 20, 2009 8:58 AM
People (speaking of seeing rude people! ONLINE) need to review the latest world statistics on the matter. Our country rates like at the BOTTOM of the list for developed countries, and far behind Europe in offering basic healthcare needs for the masses. It seems all conservative people do is raise hell on the matter, but basically defending their opinions with horse manure static logic. We ALL are here, and we ALL must be as one. Geez, expletives aside, why are so many so wrapped up in stinking dirty money, and supporting it, (even at our neighbor's peril) to the death so as to not help the world and each other? Your precious boob job should be taxed, but yes I agree a tragic situation/history would and should be deemed non taxable. I think there is SOME sanity left in congress, and these details can and will be decided on by are elected officials. Ain't that why we put them there? Can we not have FAITH?
And yeah, I think Obama is pretty darned charismatic, smart, engaging, and one of the great figures of our time! Especially smart people choose Obama! YEAH
eric at November 20, 2009 3:01 PM
I don't see why you SHOULDN'T have to pay taxes for unnecessary cosmetic surgery. It's a service, after all. I have to get my chimney cleaned periodically to prevent my house from burning to the ground, and I have to pay tax for that service. Why shouldn't someone have to pay tax for a service that makes their boobs bigger, nose smaller, or whatever other nonsense they feel they need to fix?
Renee at November 20, 2009 5:19 PM
Renee why shouldn't people NOT pay taxes. Yes it does sound logical but to me it sounds so silly. People are getting something that is not needed so why not have them pay extra. Lets continue with your logic. In the end all a person needs is food, shelter, and water. Anything above the basics should be taxed as it is not needed. That includes cars, gas, phones, etc
Lets take a basic item that should be taxed. The computer. They are not needed by most of the population. Sorry watching Youtube video clips is not important. A housewife or salesclerk does not need a computer so if she buys one she should pay extra - how about 10 percent. You say not fair okay those that need it lets say an engineer needs a computer he does not pay the tax or get a rebate. Do you want to pay that extra money now! You thing plastic surgery should be taxed because you probally do no want it now or later. But how do you feel if something you do want is to be taxed. Do you want to pay that extra....
Also have you thought of the conseqence of taxing said item. You tax computers less people buy computers, computer business spends less on it industry downsizes. Innovation slows or stalls more people loose jobs. Look above at what happened with the luxury tax of boats.
Now in some cases that might be good. Most people do not want the Tobbacco industry to grow so they tax it. But what should be taxed what is fair.
In the end that little bit of what you call nonsense is what makes the free market system so wonderful. Somebody may want a wrinkle free face, a lap dance, a Ipod, a cheeseburger, gas to drive down to a National park. All of those are nonsense to somebody.... In the end that nonsense makes life so great...
Sorry for my rambling I am pressed for time...
John Paulson at November 20, 2009 10:52 PM
Hey, great idea for undermining the economy. Guess what? Anybody who can afford plastic surgery can also afford to go abroad, where it's cheaper. If the tax pushes the cost of the procedure up over what it costs to get it done here plus travel, Obama and his crew will have successfully outsourced another portion of America's economy overseas.
Bill
Bill McNutt at November 22, 2009 6:07 AM
Many people already go to Mexico for dental work and to Canada for Lasix eye surgery.
David M. at November 22, 2009 11:11 AM
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