Final regulations, Notice 2012-77, FAQs - Medical device excise tax 

December 5:   The Treasury Department and IRS today released for publication in the Federal Register final regulations (T.D. 9604) providing guidance on the excise tax imposed on the sale of certain medical devices, effective beginning in 2013.

The final regulations will be published in the Federal Register on Friday, December 7, 2012. Read the final regulations: T.D. 9604 [PDF 122 KB]


The final regulations adopt regulations that were proposed earlier in 2012 “with the changes described” in today’s release. Read additional information about the proposed regulations: TaxNewsFlash-United States 2012-72 Highlights of the proposed regulations on medical device excise tax

Constructed sale price rules

Also today, the IRS issued an advance copy of Notice 2012-77 [PDF 39 KB] as interim guidance regarding the determination of sale price and other issues related to the medical device excise tax, and also requesting comments concerning certain topics that are reserved in the final regulations.

Other IRS resources

In connection with today’s final regulations, the IRS posted a set of “frequently asked questions” (FAQs) concerning the medical device excise tax.


All of today’s items (the final regulations, Notice 2012-77, and the FAQs) are also found on a dedicated IRS web page: Medical device excise tax



For more information, contact a tax professional with KPMG’s Excise Tax Practice group:


Taylor Cortright

(202) 533 6188


Ruth Hoffman

(202) 533 6196


Deborah Karet Gordon

(202) 533 5965




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