Make a Payment

Protective Refund Claim Update – Affordable Care Act (ACA)

by | Jun 21, 2021 | COVID-19, Tax

On June 17, 2021, the U.S. Supreme Court upheld the Affordable Care Act in the case brought before the Court, California v. Texas, commonly known as the Affordable Care Act Repeal Lawsuit. In the lawsuit the constitutionality of provisions of the ACA was addressed including the following:

  • Additional Medicare tax of 0.9% on earned income greater than $200,000 or $250,000 if filing jointly.
  • The Net Investment Income tax of 3.8% on net investment income for taxpayers with adjusted gross income above $200,000 or $250,000 if filing jointly.

The Supreme Court decision makes clear that the entirety of the ACA is lawful and continues to stand. Therefore, if we prepared and filed a protective claim for recovery of the additional Medicare tax and Net Investment Income tax on your behalf, the claim will be denied based on this Court decision. So you should expect to receive a notice from the IRS.

Disclaimer: The information contained in this publication is intended solely to provide general guidance on matters of interest for the personal use of the reader, who accepts full responsibility for its use. In no event will Fishman, Block + Diamond, or its partners, employees, or agents, be liable to you or anyone else for any decision made or action taken in reliance on the information in this website or for any consequential, special, or similar damages, even if advised of the possibility of such damages.

Recent Publications