The IRS has issued proposed regulations that provide guidance on the medical device excise tax imposed by Code Sec. 4191. Starting in 2013, any manufacturer, producer or importer of certain medical devices is subject to the tax, which is equal to 2.3 percent of the price for which the medical device is sold. The medical devices tax was enacted by the Health Care and Education Reconciliation Act of 2010 (P.L. 111-152) in conjunction with the Patient Protection and Affordable Care Act (P.L. 111-148).