Say no to Obamacare, refuse to pay the penalty and get off scott free!!!

Apparently there's a loophole in this ACA nonsense that no one is talking about. I stumbled across this little gem while following a link posted by another member on a now closed thread. From politifact.com :

[ Members of Congress did not want the penalties for going without insurance to be too strict, so the law specifically states that people who fail to pay the penalty "shall not not be subject to any criminal prosecution or penalty" nor may government officials "file notice of lien with respect to any property" (page 131).]

So KMA dictators of the world you'll get nothing from me,except the finger.






(credit to where credit is due, the link was originally posted by bobm88)

abe froman
Apparently there's a loophole in this ACA nonsense that no one is talking about. I stumbled across this little gem while following a link posted by another member on a now closed thread. From politifact.com :

[ Members of Congress did not want the penalties for going without insurance to be too strict, so the law specifically states that people who fail to pay the penalty "shall not not be subject to any criminal prosecution or penalty" nor may government officials "file notice of lien with respect to any property" (page 131).]

So KMA dictators of the world you'll get nothing from me,except the finger.

if they deduct it from your tax refund what you gonna do?

reply to post by hounddoghowlie

I don't get tax refunds. I claim deductables that balance out the interest free loans they steal from my paycheck.

reply to post by abe froman


Wow, I need to read up on this. When they fine my husband for not having health insurance that he can't afford, I'll make sure to get a good lawyer and point out that page in the ACA.

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.

reply to post by abe froman


That was a great catch, Abe! I was looking at the "dhimmitude" nonsense and what you found sailed right on over my head. :thumbsup:

reply to post by abe froman


I am saying NO regardless of the outcome!!

Not fearing death is the most liberating thing I have ever discovered!

Hi! NSA! I Love you too!

Easy way to get around them taking your tax refund. Adjust your W-4 withholding so that you owe a little at the end of the year, say under $300. No refund, no confiscation. Small amount owed, no underpayment penalties.

I had a tax client ask me to calculate his W-4 this way in order to avoid paying child support. I thought he was a real scumbag, but in order to avoid Obamacare confiscations? Full on steam ahead!

reply to post by Mountainmeg

This a plan for everyone to follow now, gov gets their tax money and I keep whats mine, including the interest on it.


I'm just waiting for sheldon to show up to tell us we need to goosestep along to the Obamacare battlehymn.

reply to post by abe froman


Glad to hear that.

I can't afford insurance. Haven't had any for years and just miss 65 years of age before Obummercare kicks in.

reply to post by abe froman


SnF, Bells and Whistles!

May I ask, OP, do you really think this will stop them from trying?

I'd like to think they are all bluff and bluster, but they have a history of persecuting people for simple political ideology.

reply to post by beezzer


First off I just want to say you and your twin brother (wrabbit2000) are a couple of my favorite posters here.

As they like to tell us, the law is the law. Unless/until they change the law we can cram it back down their throats like they do to us. MMMMMMM satisfying.

reply to post by abe froman


You're absolutely right! That's the spirit that will change anything too, IMO.

A good % of Congress and those serving high positions are Lawyers by profession. That's why we live in a nation of laws, governed by loophole. Thanks for finding that! I'm doing a big research project on the ACA for something coming up and this will go nicely into that. I'm anxious to dig around where this appears in the text too. Where one nugget drops, often, others can be found within a page or so, either direction.

Wrabbit2000
reply to post by abe froman

 

You're absolutely right! That's the spirit that will change anything too, IMO.

A good % of Congress and those serving high positions are Lawyers by profession. That's why we live in a nation of laws, governed by loophole. Thanks for finding that! I'm doing a big research project on the ACA for something coming up and this will go nicely into that. I'm anxious to dig around where this appears in the text too. Where one nugget drops, often, others can be found within a page or so, either direction.

Page 131

Thanks again, Abe...you da man!

To continue with the love-in, I find beezzer and wrabbit2000 to be a couple of my favorites to read also.

reply to post by Wrabbit2000


nation of loopholes is exactly right. i don't know how long it will take them to close this particular loophole but hopefully ACA will implode when enough people don't sign up to fund it and it will go away.

reply to post by abe froman


U know they can just yank it from your bank account.

The IRS regulations are also in the Federal Register.

Shared Responsibility Payment for Not
Maintaining Minimum Essential Coverage


page 19 of the link pdf....

§ 1.5000A–5 Administration and
procedure.

(a)
In general.
A taxpayer’s liability
for the shared responsibility payment
for a month must be reported on the
taxpayer’s Federal income tax return for
the taxable year that includes the
month. The period of limitations for
assessing the shared responsibility
payment is the same as that prescribed
by section 6501 for the taxable year to
which the Federal income tax return on
which the shared responsibility
payment is to be reported relates. The
shared responsibility payment is
payable upon notice and demand by the
Secretary, and except as provided in
paragraph (b) of this section, is assessed
and collected in the same manner as an
assessable penalty under subchapter B
of chapter 68 of the Internal Revenue
Code. The shared responsibility
payment is not subject to deficiency
procedures of subchapter B of chapter
63 of the Internal Revenue Code.
Interest on this payment accrues in
accordance with the rules in section
6601.

(b)
Special rules.
Notwithstanding any
other provision of law—

(1)
Waiver of criminal penalties.
In
the case of a failure by a taxpayer to
timely pay the shared responsibility
payment, the taxpayer is not subject to
criminal prosecution or penalty for the
failure.

(2)
Limitations on liens and levies.
If
a taxpayer fails to pay the shared
responsibility payment imposed by this
section and §§ 1.5000A–1 through
1.5000A–4, the Secretary will not file
notice of lien on any property of the
taxpayer, or levy on any property of the
taxpayer for the failure.

(3)
Authority to offset against
overpayment.
Nothing in this section
prohibits the Secretary from offsetting
any liability for the shared
responsibility payment against any
overpayment due the taxpayer, in
accordance with section 6402(a) and its
corresponding regulations.

(c)
Effective/applicability date.
This
section and §§ 1.5000A–1 through
1.5000A–4 apply for months beginning
after December 31, 2013

Shared Responsibility Payment for Not
Maintaining Minimum Essential Coverage

I'm starting to believe no one has read this dang thing! Why hasn't anyone been able to point this out until now? Not one conservative lawyer, politician, journalists, etc, etc, has been able to point this out? This just doesn't make any sense! I gotta keep an eye on this, and maybe make some tax adjustments.

Pladuim

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!

reply to post by xuenchen


says it pretty clear right there, they have to get it from tax refunds or not at all. Manipulate the loopholes to keep money in your paycheck not in a tax refund.