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abe froman
reply to post by Sportbominable
Unless they snag it from your tax refund it doesn't look like they can get it at all, there is legally no penalty for refusing the penalty.
Magister
Then why are some people saying that they can take away your drivers license (?) the first year for not paying the penalty, and the second year put a lien on your house? And remember, this IS the Infernal Revenuers were talking about!
H. R. 3590—131
employee, a group health plan or group health insurance coverage
offered by an employer to the employee which is—
‘‘(A) a governmental plan (within the meaning of section
2791(d)(8) of the Public Health Service Act), or
‘‘(B) any other plan or coverage offered in the small
or large group market within a State.
Such term shall include a grandfathered health plan described
in paragraph (1)(D) offered in a group market.
‘‘(3) EXCEPTED BENEFITS NOT TREATED AS MINIMUM ESSENTIAL
COVERAGE.—The term ‘minimum essential coverage’ shall
not include health insurance coverage which consists of coverage
of excepted benefits—
‘‘(A) described in paragraph (1) of subsection (c) of
section 2791 of the Public Health Service Act; or
‘‘(B) described in paragraph (2), (3), or (4) of such
subsection if the benefits are provided under a separate
policy, certificate, or contract of insurance.
‘‘(4) INDIVIDUALS RESIDING OUTSIDE UNITED STATES OR RESIDENTS
OF TERRITORIES.—Any applicable individual shall be
treated as having minimum essential coverage for any month—
‘‘(A) if such month occurs during any period described
in subparagraph (A) or (B) of section 911(d)(1) which is
applicable to the individual, or
‘‘(B) if such individual is a bona fide resident of any
possession of the United States (as determined under section
937(a)) for such month.
‘‘(5) INSURANCE-RELATED TERMS.—Any term used in this
section which is also used in title I of the Patient Protection
and Affordable Care Act shall have the same meaning as when
used in such title.
‘‘(g) ADMINISTRATION AND PROCEDURE.—
‘‘(1) IN GENERAL.—The penalty provided by this section
shall be paid upon notice and demand by the Secretary, and
except as provided in paragraph (2), shall be assessed and
collected in the same manner as an assessable penalty under
subchapter B of chapter 68.
‘‘(2) SPECIAL RULES.—Notwithstanding any other provision
of law—
‘‘(A) WAIVER OF CRIMINAL PENALTIES.—In the case of
any failure by a taxpayer to timely pay any penalty imposed
by this section, such taxpayer shall not be subject to any
criminal prosecution or penalty with respect to such failure.
‘‘(B) LIMITATIONS ON LIENS AND LEVIES.—The Secretary
shall not—
‘‘(i) file notice of lien with respect to any property
of a taxpayer by reason of any failure to pay the
penalty imposed by this section, or
‘‘(ii) levy on any such property with respect to
such failure.’’.
(c) CLERICAL AMENDMENT.—The table of chapters for subtitle
D of the Internal Revenue Code of 1986 is amended by inserting
after the item relating to chapter 47 the following new item:
‘‘CHAPTER 48—MAINTENANCE OF MINIMUM ESSENTIAL COVERAGE.’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years ending after December 31, 2013.
LivioRazlo
MrWendal
I have not actually filed taxes in roughly 17 years now- even though I have been entitled to a full refund each and every year, and I have no intentions of ever filing.
How have you not filed taxes for so long? Are you self-employed or just choose not to file your taxes when the time comes?
abe froman
reply to post by Sportbominable
Unless they snag it from your tax refund it doesn't look like they can get it at all, there is legally no penalty for refusing the penalty.
so it might just work like OP says
"In the case of any failure by a taxpayer to timely pay any penalty imposed by this section," Section 1501 of the Affordable Care Act reads, "Such taxpayer shall not be subject to any criminal prosecution or penalty with respect to such failure." If a penalty does not come out of a refund, it does not fully disappear. Instead, it gets carried over to next year's tax filings and held on the filer's account. The Internal Revenue Service is also allowed to charge interest on any unpaid tax penalty (More on that in the very thrilling Sec. 6601 of the Internal Revenue Service Code). The rate currently hovers around 3 percent. So the tax penalties accumulate, and the interest goes up and up. But even in an extreme example, where someone doesn't pay the health law's penalties for decades, the powers that the Internal Revenue Service has to collect the unpaid fines don't change. "The IRS remains very clearly limited in its ability to collect the penalty," Livingston says, "And the accumulation over time does not change those legal limitations."
so i guess if you do get a fine stall for 10 years to keep from paying it off as well? not sure how that would work but figured people might find it interesting
How exactly will the penalty be assessed? If you don’t have sufficient health coverage by the deadline, the “IRS will hold back the amount of the fee from any future tax refunds,” according to HealthCare.gov, the government’s marketplace website. But what if you don’t get a tax refund? Conservative radio talk show host Rush Limbaugh picked up on this subject on his show this week, telling listeners: “The only way that they can collect the penalty or the fine is by taking money from your refund. If you are not owed a refund, they cannot get money from you.” We asked Mark Luscombe, principal analyst at CCH Tax & Accounting North America, about that. Turns out Limbaugh is essentially right. If you don't get a refund next year, the “IRS could carry over the sum due and apply it against any refunds in future years. On a joint return, the penalty of one joint filer could be applied against the refund due to the other joint filer,” Luscombe says. “If you don’t pay it, all they can do is wait until they owe you some money and take that. Or probably just send you a letter every now and then reminding you that you owe money to the IRS,” says Timothy Jost, a professor at the Washington and Lee University School of Law and coauthor of the casebook “Health Law.” And by the way, once the IRS assesses the penalty, they’ve got 10 years to collect, says Bryan Camp, law professor at Texas Tech University.
GoldenVoyager
The government will get the money you legally owe them.