Posted on 10/16/2013 7:50:01 AM PDT by sickoflibs
Every time I post that the IRS is clearly forbidden from punishing you for not paying the fine/tax, I get the same fictional responses.
Maybe their goal is to make it sound so scary so that Obamacare gets magically repealed(poof) , but given that wont happen anytime soon this misinformation can have the unintended consequence of fooling/scaring people into complying and helping make Obamacare work.
I found the section in the bill text and will posted it below as a vanity for future reference skip tp SPECIAL RULES.
CHAPTER 48—MAINTENANCE OF MINIMUM ESSENTIAL COVERAGE
‘Sec. 5000A. Requirement to maintain minimum essential coverage.
‘SEC. 5000A. REQUIREMENT TO MAINTAIN MINIMUM ESSENTIAL COVERAGE
ESSENTIAL COVERAGE.
‘(a) Requirement To Maintain Minimum Essential Coverage- An applicable individual shall for each month beginning after 2013 ensure that the individual, and any dependent of the individual who is an applicable individual, is covered under minimum essential coverage for such month.
‘(b) Shared Responsibility Payment-
‘(c) Amount of Penalty
‘(f) Minimum Essential Coverage- For purposes of this section—
‘(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.’.
Here ya go, feel free to reference this above:
But they will try to impose penalties and/or criminal charges in spite of the law.
Don’t trust the fascists currently in charge.
Good information. My question - is this in the original bill? If so, what’s hidden in the 11.5M pages of regulations filed since?
It says “The (HHS)Secretary shall not.” Doesn’t mention the IRS.
That May or may not happen but if they try even the most liberal judges will rule to throw it out of court since the text of bill is so clear.
Lawyers will be lining up to take that first case on and beat the government.
Lets not do Obamas work and scare people into helping make Obama-care work.
“At the discretion of the Secretary...”
“To be determined later...”
“At the discretion of the Committee...”
And income taxes are supposed to be voluntary.
From my likely imperfect recollection of the my reading of the bill, this was contradicted at least twice in other sections. The thing wasn’t even internally consistent other than to give huge discretionary powers to Administrative branch officials and committees.
Say “Hi”, to Wesley Snipes when you check in!
a) from what I hear, IRS will withhold it from refunds.
b) the big tizzy I saw posted on FR yesterday about individuals not being able to be collected from, that employers, corporations, etc., could, according to the Roberts opinion, missed the whole point. The point is that employers can be enforced upon. Employers are the collectors of tax, since businesses that want to sell of lot of goods and services by definition can’t hide. If I own a small garage, for example, I want to be incorporated - and I’m an employer. So, voila, I’m stuck. I can’t pick up my garage and move it, any time the Feds want me, they know where I and my bank accounts are. Big business, of course, is subject to the same concept - they withhold taxes from their workerbees, and can’t really avoid it without getting nailed. Same thing goes if information needs to be collected: IRS just has to design a form and tell business it needs to fill one out for every employee. This employer-focused strategy lets politicians who love or give in to imposing Obamacare on the sheeple a way to say that any mandates are not on individual sheeple (they just don’t say that the mandates are on the sheeples’ employers).
So you don’t pay this year’s penalty/tax.
Next year, when you send the IRS a check to pay your income taxes, they first apply the funds against your previous years’ unpaid penalty/tax, and then what remains against next year’s income tax. You will thus be short on paying next year’s income tax, for which there definitely is legal repercussions.
I think these rules were added after the Supreme Court case where it was ruled that they can NOT force you to. buy health insurance. Roberts twist was that it was OK to tax you if you did not have health insurance, but that not having insurance is not a crime.
‘(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.’.
I figure you will just get audited year after year until you’re broken.
The tax code is so convoluted that for middle class people the odds are pretty good that they can find something with which to harass you and perhaps fine you.
Regardless of what the law actually says, there is a reason they choose the IRS as the enforcement arm. It is a rogue agency, run by leftist true believers that are loyal to a man who has no regard for the law or the Constitution.
They make a few highly publicized examples of the destruction of ordinary people, claiming with a wink and a nod that it has nothing to do with ObamaCare, and then they sit back and wait to see what happens.
I apologize up front for sounding negative. However, we are not dealing with pragmatic crooks here; we are dealing with genuine evil that has no limits to what it is capable of. And the idiot Republicans still think they can negotiate with such evil.
At times I think the GOPe is a collective Chamberlain-esq personality. Then I realize they are too hypocritical and venal to have the naive idealism of Chamberlain.
In Massachusetts you get a form like a 1099 from your insurer so that the penalty for not having insurance is waived from your tax return or it is added to your liability.
GOPe and Democrats work for the same people.
Exactly. This whole Obamacare debacle is nothing short of financial collectivism. Simply for existing the government now has an avenue to basically take everything you own - “spread the wealth”. The twice unconstitutionally elected admitted foreign born communist Kenyan said his next order of biz is “immigration reform” - meaning he is going to drive in the final nail, allow illegals to flood in and get free health care because they can’t afford it which means for everyone else who can “afford” it, their rates will go through the roof - as if they aren’t through the roof already - and when they can’t pay and don’t qualify for assistance, in comes the “fines” and then comes the levys, possessions, auctions. Kiss the house, car, and everything else goodbye because all that must be “shared” and of course liberals will blame it all on Republicans and the sniveling RINOs will blame the “Tea party radicals”.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.