Month: September 2009

Baucus’ America’s Health Future Act of 2009 Calls For Significant Tightening of Tax Exemption Rules

With Senate Finance Committee meetings to mark up Chairman Max Baucus’ health care reform proposal as outlined in his 220-page “Chairman’s Mark of America’s Healthy Future Act of 2009” (the “Baucus Proposal”) scheduled to begin tomorrow (September 22, 2009), tax-exempt health care and other non-profit organizations should evaluate carefully proposed amendments that would amend or repeal the rebuttable presumption rule applicable to non-profits when defending Internal Revenue Service challenges to compensation reasonability, to grant sweeping new audit and oversight powers to the Internal Revenue Service, to tighten substantially tax-exemption requirements for charitable hospitals, and other amendments impacting their tax-exempt status or related obligations in addition to the widely-discussed proposal to create “Consumer Operated and Oriented Plans (CO-OPs) .