Reimbursement of Branded Prescription Drug Fee

The IRS concluded in aChief Counsel Advice Memorandum, how a branded prescription drug (BPD) fee is determing. EY analyzes this topic in a deep, clear way. 

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The five-factor test

  • The CCA analysis began by defining gross income, as all income from whatever source derived.
  • The IRS described circumstances under which a taxpayer generally doesn’t have income upon receiving various types of reimbursements. 
  • When a taxpayer must pay a certain expense and is reimbursed by another party, the IRS determined that the reimbursement amount is not income to the taxpayer.
  • The IRS pointed out that a portion of the reimbursement may be excludable from the taxpayer’s gross income even if the expense benefits both the taxpayer and the reimbursing party.
  • The IRS concluded that the existence of joint and several liabilities “does not result in a per se exclusion from Taxpayer’s gross income of reimbursements of all or a portion of the BPD fee by” the foreign members.

The Patient Protection and Affordable Care Act (ACA)

Imposes a BPD fee on entities that manufacture or import BPDs for sale to certain government programs. The fee is a nondeductible excise tax. As well, it requires controlled groups to be treated as a single entity and to select a designated entity to file any reports related to the BPD fee and pay the fee.