Mixing Agency Rules May Mean More Taxable Medical Devices

Law360, New York (September 21, 2012, 2:25 PM EDT) -- The highly publicized Medical Device Excise Tax (MDET), a part of the Health Care and Education Reconciliation Act of 2010, applies to sales of taxable medical devices beginning on Jan. 1, 2013. While much has been written about the MDET, this article discusses the less publicized interaction between proposed Internal Revenue Service regulations implementing this new tax and recent amendments to the U.S. Food and Drug Administration device-listing regulations.

Taken together, these regulations could have the effect of broadening the category of "taxable medical devices" to...
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