Cosmetic Surgery Tax

The Senate has reinstated a tax on cosmetic surgery procedures. The current provision states: ''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.

''(b) COSMETIC SURGERY AND MEDICAL PROCEDURE.-For purposes of this section, the term 'cosmetic surgery and medical procedure' means any cosmetic surgery (as defined in section 213(d)(9)(B)) or other similar procedure which-
''(1) is performed by a licensed medical professional, and
''(2) is not necessary to ameliorate a deformity arising from, or directly related to, a congenital abnormality, a personal injury resulting from an accident or trauma, or disfiguring disease.

Do you see loop holes or problems unforseen by the Senators in this change of our tax code?

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fees tax

Cosmetic surgery tax!

This inappropriate and unfair "sin" tax has reared its ugly head again, only now in the U.S. Senate. It is amazing how our government looks for any way it can to creatively take money from the citizens in order to fund its excessive spending. In my practice, 98% of my patients are women so this is clearly discrimination against them. Secondly, not all cosmetic patients are as wealthy as congress would like you to believe. The average income of cosmetic surgery patients is... more

Richard P. Rand, MD, FACS

Seattle Plastic Surgeon

ASAPS ASPS

Bad Health Care Bill, Unfair tax

The Senate has clearly chosen expediency over fairness with this tax. The health care bill fails to address the real financial and decision making problems in health care: the massive administrative cost of health insurance companies, the bloated profit margins of health insurance companies, the medical decision making practiced by insurance companies, the cost of defensive medicine (vis a vis the lack of meaningful tort reform), and the cost of pharmaceuticals. Instead, the Senate has... more

Stephen Prendiville, MD

Fort Myers Facial Plastic Surgeon

Nothing but loopholes

A very poorly thought out tax on the middle class. 90% of those that choose plastic surgery come from family incomes of less than 90,000 a year. Thus this is a middle income tax. If Obama signs the bill, he lied to the American public. What is a cosmetic procedure. Consider hair color, tattoos, body piercing, scar revisions, hair extensions, manicures. All performed by "professionals" and not intended to enhance body function. The entire health care package as outlined by the... more

Vincent N. Zubowicz, MD

Atlanta Plastic Surgeon

ASAPS ASPS

Botax, or tax on cosmetic surgery - morality tax on women

These laws have not passed yet, but they are ominous for any patient contemplating plastic surgery. Depending on the laws the individual states enact, this tax could be as high as 15%, payable by all patients on all services not strictly reconstructive. And we know from the insurance companies what constitutes reconstructive--- almost nothing. With the huge regulations already in place, and more in the pipeline, costs of plastic surgery are already high. Add 5% to 15% to that figure. ... more

Brent Moelleken, MD

Beverly Hills Plastic Surgeon

ASAPS ASPS

Every RealSelf reader should try to contact their local representatives

Where does Congress draw the line on what is a cosmetic procedure? Is getting tooth whitening considered for a 5% tax. How about using mascara or make up. Clearly we do not need any of these "frivolous" adjuncts, but try telling that to a woman with a AA chest who has never been able to buy a bra or bathing suit that fits. Is a body wrap at a spa aimed at reducing inches not taxed but one done at a doctor's office taxed. The great majority of patients who have cosmetic surgery... more

Francisco Canales, MD

Santa Rosa Plastic Surgeon

ASAPS ASPS

Unforseen problems by the Senators in tax code change

No, I do not. I think the US Senate under the inspired leadership of Mr. H. Reid (D- Nevada) will long be remembered as a shining example of fiscal responsibility, self restraint, selfless impartiality, bipartisanship and never before seen awesome blinding intellect in everything they have done for us for the past 3 years. This latest example of what we can expect from this august body fully demonstrates that past lessons were and will never be learned. Yes. I think I will spend the next... more

Peter A. Aldea, MD

Memphis Plastic Surgeon

ASPS

Problems with cosmetic surgery tax

The current senate health bill in Washington D.C. has a proposal to tax medical procedures equal to 5% of the amount of the fee the patient would pay to the surgeon. The surgeon will have to collect sales tax and submit that to the Internal Revenue Service. There are many problems in this type of taxation proposed by the U.S. Senate to the tax code. This is an unfair discriminatory tax against women since women represent 80% of plastic surgery practices. In addition, it will be very... more

William Portuese, MD

Seattle Facial Plastic Surgeon

Cosmetic Surgery Tax may be unconstitutional

There has been lots of valid arguments presented before I had an opportunity to make mine. I raise questions whether a selected group can be subjected to increased taxation. Taxation by our constitution should not be discriminatory yet this one appers to be discriminatory for geneder, for specialty and selectivley affects one group more than others. When is reconstruction considered cosmetic and when is cosmetic considered corrective? Bo-Tax will be another convoluted and ineffective tax.... more

Julian Henley, MD

New Haven Facial Plastic Surgeon

Plastic Surgery Tax is a bad idea

Help fight a bad idea!! Congress is soon to debate the Health Care Reform Bill, which is a great move towards increasing the number of insured Americans. Unfortunately, it is filled with several bad ideas, like a taxation on patients who undergo cosmetic surgery. This has been attempted previously in New Jersey, and has failed miserably- A government auditor will be the one to decide whether your surgery is cosmetic or reconstructive, a necessity or a luxury. This tax additionally... more

Adam David Lowenstein, MD

Santa Barbara Plastic Surgeon

ASPS

Privacy issues are one concern? What is cosmetic? Will the government tax combing your hair?

Of course there will be loopholes. I doubt the countless senators and congressmen and women who receive cosmetic surgery services and Botox (and deny it) will pay for it out of fear of a paper trail. If tax records are a matter of public record, then how will this be reinforced without sacrificing HIPAA violations? If I treat Patient X for Botox and document the tax and then get audited, won't the IRS know whom I've treated. The details need to be worked out. However, I see it as... more

Otto Joseph Placik, MD

Chicago Plastic Surgeon

ASAPS ASPS

Real Self members - Call your Senators and House Reps Now!

As per American Society of Plastic Surgeons offical response to this cosmetic surgery tax slipped in to the Senate Bill at the last minute, this proposed tax: - unfairly discriminates against women (since > 80% of patients seeking any cosmetic procedures are female) - is a tax on the middle class. It plays on the wrong assumption that only the "rich" get cosmetic surgery. the ASPS statistics show this is completely false. 60% of respondents in the 2005 ASPS study showed... more

C. Bob Basu, MD

Houston Plastic Surgeon

ASPS

Cosmetic surgery tax

I think this tax is unfair to all the patients that are paying for plastic surgery. The cost will be passed on to them. Furthermore, this will affect women more than men because the majority of patients undergoing plastic surgery are women. In many ways this is a potential sexual discrimination case.

Steven Wallach, MD

Manhattan Plastic Surgeon

ASAPS ASPS

Cosmetic Surgery Tax

The proposed tax on cosmetic surgery represents a tax on your self esteem and a hidden tax on a desireable good or service. Individuals seek cosmetic plastic surgery for a variety of reasons, but, in nearly all cases, the patient remarks after surgery that their self esteem has been improved or they somehow feel better about themselves. Many in the public may view cosmetic surgery as 'vanity' surgery, but most patients are not 'vain,' rather there is just something about themselves that... more

Ross A. Clevens, MD

Melbourne Facial Plastic Surgeon

Botox tax is a sin tax

Unfortunately, the government is looking for another way to tax private citizens and make you, the consumer, pay for services for other people to create entitlements. It is a discriminatory tax against women especially and men who want to improve their appearance. The amount of money that is raised cannot amount to more than 1 billion total per year throughout the United States unless they start taxing other medical services as well. What's next a tax on freedom of speech and printed... more

Scott Trimas, MD

Jacksonville Facial Plastic Surgeon

Support the Washington Breast Implant Party!

The current Health Care Bill lead authored by Sen. Henry Reid ( D,Nev) that is before the Senate for approval has added a 5% tax on "elective cosmetic surgical procedures" which includes Botox and fillers. A $350 Botox treatment will be $367.50, that $10,000 facelift will be $10,500. Hopefully plastic surgery spokeswoman Ms. Joan Rivers will be able to convince the lawmakers to defeat the bill based on the same arguments and cries that our country's founding father's used in Boston... more

Michael A. Persky, MD

Los Angeles Facial Plastic Surgeon

Cosmetic surgery tax (Botax) is unfair to working women

The proposed cosmetic surgery tax will unfairly target women which represent 86% of this targeted tax demographic. This tax was a surprise addition to the 2,074 page Senate vesion of the Health Care Bill. The statistics from the American Society of Plastic Surgeons show that 60% of those seeking elective cosmetic procedures report an annual household income of $30,000 - $90,000 and 40% with an income of $30,000 - $60,000. Clearly, what is intended to tax the "rich" is really... more

John Burns, MD

Dallas Plastic Surgeon

ASPS

What a Small Price to Pay for Beauty in America

The biggest problem will be definitions. The second will be boarder town clinics. If a short drive across the boarder saves a few hendred dollars that's where they will go. The third is that any activity that is taxed will decrease in frequency. Fourth, females affected by a wide margin. Fifth, a black market with "non liscensed providers"

John P. Stratis, MD

Harrisburg Plastic Surgeon

ASAPS ASPS

Cosmetic surgery tax is a bad idea

As all of the other physicians have pointed out, this tax will have multiple problems. The biggest that I can see is that the tax is rather arbitrary. 1) In certain states, laser procedures are performed by aestheticians. Are they considered 'licensed medical professionals'? If not, then the laser procedures performed by an aesthetician will not be taxed while the same services performed by a physician will be taxed. 2) Who decides if a procedure 'is not necessary to ameliorate a deformity... more

D.J. Verret, MD

Dallas Facial Plastic Surgeon

Cosmetic Surgery/Botox tax descriminates against Women and the middle class

Women comprise over 80% of patients having cosmetic surgery and Botox treatments. Putting a tax on these treatments by definition then, will put the tax burden on them. Despite the view that "only the rich" are having cosmetic surgery and Botox treatments. In truth, from analysis of patient data, the majority of people having these treatments are middle and upper middle class people. The rich can afford the extra 5%. This tax is going to be more on the middle class, which is... more