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According to a recent study, funded by the California Program on Access to Care at the University of California, Berkeley, School of Public Health, up to 38 percent of families may have to repay some portion of their subsidy due to changes in income.
"Like any other tax-based program," lead author Ken Jacobs explains, subsidies are "reconciled at the end of the year when you do your taxes." But unlike other tax-based programs, consumers must report income changes directly to the Internal Revenue Service (IRS)
If you choose to apply for the subsidy/credit when you file your 2014 taxes in 2015, this will be a refundable credit. If you can afford to pay your health insurance premiums throughout the year you may take that route, in which case the subsidy will first pay down any taxes you have due, and whatever is left over will be distributed as a tax refund.
(First link above)
REQUESTS FOR RELIEFWHEREFORE,
Plaintiffs respectfully pray that this Court:1.
Enter a declaratory judgment that the IRS Rule violates the APA;2.
Enter a preliminary and permanent injunction prohibiting the application or enforcement of the IRS Rule; and3.
Award all other relief as the Court may deem just and proper, including anycosts or fees to which Plaintiffs may be entitled by law
A final trial-court ruling in any one of those cases that knocks down the IRS rule and the subsidies through federally run exchanges would add substantially to the current headwinds facing the implementation of Obamacare. In this ballgame, it might require as many as four strikes in court to call “out” the opponents of federal-run exchanges in up to 36 states. And it looks like the Obama administration’s lawyers can’t keep pitching around some serious problems.