C.F.R. » Title 26 » CHAPTER I—INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY › SUBCHAPTER D—MISCELLANEOUS EXCISE TAXES › PART 57—HEALTH INSURANCE PROVIDERS FEE

26 C.F.R. § 57.8

Tax treatment of fee

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(a) Treatment as an excise tax. The fee is treated as an excise tax for purposes of subtitle F (sections 6001-7874). Thus, references in subtitle F to “taxes imposed by this title,” “internal revenue tax,” and similar references, are also references to the fee. For example, the fee is assessed (section 6201), collected (sections 6301, 6321, and 6331), enforced (section 7602), and subject to examination and summons (section 7602) in the same manner as taxes imposed by the Code.

(b) Deficiency procedures. The deficiency procedures of sections 6211-6216 do not apply to the fee.

(c) Limitation on assessment. The IRS must assess the amount of the fee for any fee year within three years of September 30th of that fee year.

(d) Application of section 275. The fee is treated as a tax described in section 275(a)(6) (relating to taxes for which no deduction is allowed).

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2018–2021 · leading case: State v. United States
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State v. United States (2018) txnd · cites it 2× “ACA § 9010(f); 26 C.F.R. § 57.8 . U.S. Dep't of Health and Human Servs.”
State of TX v. USA (2021) ca5 “17 The Provider Fee is enforced by the IRS, see 26 C.F.R. § 57.8 , and applies to any covered entity regardless of scienter, PPACA § 9010(a), 124 Stat.”
State of Texas v. USA (2020) ca5 “12 The Provider Fee is enforced by the IRS, see 26 C.F.R. § 57.8 , and applies to any covered entity regardless of scienter, PPACA § 9010(a), 124 Stat.”
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