Tax-Free Cosmetic Surgeries

Many organizations in the healthcare sector are steadfast in opposing the tax in cosmetic surgery or what is more commonly dubbed as “Bo-Tax.”  Just recently, they have succeeded in pressuring lawmakers in New Jersey to make various nips and tucks tax-free.

(But because the state still has to beef up its tax collection, it has decided to impose a 10 percent tax on indoor tanning services.  If the plan pushes through, it can generate about $2.7 billion over the next 10 years.)

Meanwhile, leading LosAngeles plastic surgeon Dr. Tarick Smaili believes that plastic surgery, both reconstructive and cosmetic procedures, should not be taxed especially that the practice affects the middle-class patients who make up the vast majority of people seeking such treatments.

Smaili said the proposed “Bo-Tax” bill during the previous years in California was based on misconception that cosmetic plastic surgeries are only for rich patients.  But on the contrary, majority of such procedures were performed on middle-class individuals.

Citing the new law in New Jersey, Smaili believes the same thing should be adopted by other states because the “unfair tax” will simply be passed on to patients, in addition to the fact that it would also potentially violate patient privacy.

If the tax would be imposed to patients, Smaili is concerned that they may just seek cosmetic surgery outside the country where medical malpractice law and consumer protection are not as strong and stringent as in the US.

“Unfortunately, many patients choose doctor based on who charge less, and if they find cosmetic surgery to be expensive here because of the unfair tax, they may decide to go abroad to receive the procedure.  That’s where the problem begins; in case of botched surgery, it is possible to go after the foreign surgeon?  In most cases, it isn’t,” Smaili said.