Compulsory PKV discounts: Manufacturers defend themselves against double burdens

10.08.2012 10:20

The Federal Association of Drug Manufacturers (BAH) expects numerous lawsuits against the intended taxation of the compulsory manufacturer's rebate. “I am quite sure that our member companies will take the relevant tax notices to the tax courts in large numbers,” said Dr. Hermann Kortland, deputy general manager of the BAH, in the Handelsblatt on August 8th.

The trigger for this is a decision by the Federal Ministry of Finance, according to which the compulsory discount to be paid by the pharmaceutical industry to private health insurance companies (PKV) should be subject to VAT. Although manufacturers also have to pay a compulsory discount of up to 16 percent to statutory health insurance (GKV), there is no additional VAT burden. “The legislator wanted to transfer the compulsory manufacturer discount in the GKV to the PKV with the same effect. But this is exactly not what happens. “With the proposed regulation, the compulsory discount for private health insurance will also be increased by VAT,” said Kortland, explaining the effects.

The BAH is therefore calling on the Federal Ministry of Finance to refrain from the planned taxation. In addition, the compulsory discount increased in August 2010 should fundamentally be reconsidered for both PKV and GKV. The black-yellow government coalition justified the increase from 6 to 16 percent with the impending deficits in the statutory health insurance system. In view of billions in surpluses in the statutory health insurance coffers, this is no longer justified, said Kortland.