124 STAT. 859 PUBLIC LAW 111–148—MAR. 23, 2010 (1) IN GENERAL.—Except as provided in paragraphs (2) and (3), the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (2) COMMUNITY HEALTH NEEDS ASSESSMENT.—The require- ments of section 501(r)(3) of the Internal Revenue Code of 1986, as added by subsection (a), shall apply to taxable years beginning after the date which is 2 years after the date of the enactment of this Act. (3) EXCISE TAX.—The amendments made by subsection (b) shall apply to failures occurring after the date of the enactment of this Act. SEC. 9008. IMPOSITION OF ANNUAL FEE ON BRANDED PRESCRIPTION PHARMACEUTICAL MANUFACTURERS AND IMPORTERS. (a) IMPOSITION OF FEE.— (1) IN GENERAL.—Each covered entity engaged in the busi- ness of manufacturing or importing branded prescription drugs shall pay to the Secretary of the Treasury not later than the annual payment date of each calendar year beginning after 2009 a fee in an amount determined under subsection (b). (2) ANNUAL PAYMENT DATE.—For purposes of this section, the term ‘‘annual payment date’’ means with respect to any calendar year the date determined by the Secretary, but in no event later than September 30 of such calendar year. (b) DETERMINATION OF FEE AMOUNT.— (1) IN GENERAL.—With respect to each covered entity, the fee under this section for any calendar year shall be equal to an amount that bears the same ratio to $2,300,000,000 as— (A) the covered entity’s branded prescription drug sales taken into account during the preceding calendar year, bear to (B) the aggregate branded prescription drug sales of all covered entities taken into account during such pre- ceding calendar year. (2) SALES TAKEN INTO ACCOUNT.—For purposes of para- graph (1), the branded prescription drug sales taken into account during any calendar year with respect to any covered entity shall be determined in accordance with the following table: With respect to a covered entity’s aggregate branded prescription drug sales during the calendar year that are: The percentage of such sales taken into account is: Not more than $5,000,000 ....................... 0 percent More than $5,000,000 but not more than $125,000,000. 10 percent More than $125,000,000 but not more than $225,000,000. 40 percent More than $225,000,000 but not more than $400,000,000. 75 percent More than $400,000,000 ........................... 100 percent. Definition. Deadlines. 26 USC 4001 note prec.
