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Maybe their goal is to make it sound so scary so that Obamacare gets magically repealed(poof) , but given that wont happen anytime soon this misinformation can have the unintended consequence of fooling/scaring people into complying and helping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.’.
It seems to me that it doesnt really matter what the law says anymore. Especially if you happen to be a gay, black, illegal,
or jihadist voter.
No, that provision was in the final bill 2010 (see the date) because to get a single bill passed the Pelosi house had to go with the Reid Senate version, and those provisions were in the Senate bill that passed with 60 and were pretty well publicized at the time, I was pointing itt out here even in 2010.
It seems new because the House GOP focus has been on repeal for nearly 3 years and they needed to scare people with such ideas(the IRS will take it from you), but now that it is really going in effect scaring people into complying (on false info) is just helping Obama.
Scaring people into complying just helps Dems now.
Just the other day a raving GOP hating lib here tried to tell me those who dont comply will go to jail.
Not to challenge that interpretation of the law but there is also a quaint tradition among IRS agents and judges of prosecuting so-called “tax protestors.” They seem to have it down to a routine, so that anything out of the ordinary causes both agents and judges to become highly agitated when confronted with actual law, and thus more likely to override actual law with their own prejudices. (I am not saying that it is legal or correct or morally right.)
Either your Brains or your Signature will be on that 1040.
Voluntary Taxation in one sentence.
“At the discretion of the Secretary...”
“To be determined later...”
“At the discretion of the Committee...” <<
Yup!!.....anything they want to do....AMAZING!!
how do u fight a law like that??
The people Obama needs to join that shouldnt are young healthy male adults, its a rip off for them. He needs them to fund the scam.
What do they file that the IRS can audit?
A business owner is in different situation.
Good information and thank you for posting the “back up” to your continually making the enforcement statement. However, they are not following the law as it was passed right now, so why should they follow this aspect of the law?
What we do know is that no law is static and that they will eventully strengthen the enforcement of the fines. Either they will do it via regulations or by legislative fixing.
Laws get modified, you really think they aren’t going to come after folks for non payment you are a fool.
Whew! What a relief! Thank goodness Obastard (or future Rat presidents) would never break the law.
This administration does not follow the law.
It doesn’t matter what the law says, Obama or HHS can “Deem” changes and exempt their “friends”.
Or as in the case of the religious groups with lawsuits, the IRS will communicate with the administration and find something that disallows the lawsuit. (Sarah Hall Ingram)
Rep. Jim Jordan grills IRS Obamacare director on Capitol Hill
http://www.freerepublic.com/focus/f-bloggers/3077470/posts
http://www.glennbeck.com/2013/10/10/rep-jim-jordan-grills-irs-obamacare-director-on-capitol-hill/
Not quite right. They are not enforcing certain parts of the law. Courts said they wont tell the POTUS how to enforce a law.
That is much different to the courts than IRS/justice prosecuting someone in violation of that same law they are procecuting them for.
If they try to do that then 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.
I think talk radio like Rush simples these issues too much because these same faulty arguments are repeated over and over, and the unintended consequence is to help Obama get people to comply. I know, they are 'promoting conservatism' by confusing listeners with faulty logical connections.
Lets not do Obamas work and scare people into helping make Obama-care work.
Indeed.
Given the close association between ACA and Experion, anything in the law that precludes any outstanding balance due the IRS from negatively affecting one’s credit rating?
Not quite right. They are not enforcing certain parts of the law. Courts said they wont tell the POTUS how to enforce a law.
That is much different to the courts than IRS/justice prosecuting someone in violation of that same law they are procecuting them for.
If they try to do that then 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.
I think talk radio like Rush simples these issues too much because these same faulty arguments are repeated over and over, and the unintended consequence is to help Obama get people to comply. I know, they are ‘promoting conservatism’ by confusing listeners with faulty logical connections.
“What does it say in subchapter B of chapter 68?”
You’ve asked the pertinent question which no one has addressed. I’ve looked into it and the answer is that you have to be an experienced Tax attorney to understand the interplay between Sec 5000A and Subchapter B of chapter 68
It does appear that IRS enforcement is limited, but I don’t know if it’s limited solely to offsetting the tax from refunds.
My final bit of advice: Don’t rely on FR posts for tax advice.
They seem to think by scaring people into signing up for Obama-care that will stir up the masses for a near term repeal that Reid will pass and Obama will sign any day now.
Bad strategy
Then there's the over repeated ‘Obama doesnt follow the law’ whatever that means.
is that a Rushism?
Doesn’t say they won’t GARNISH your wages?
The IRS is VERY good at getting money from people. At least, from all us poor suckers who work for wages.
Lawyers will be lining up to take that first case on and beat the government.
*****
And those NSA files on those lawyers will appear to hold them in line (recall John Roberts issue).
This is tyranny - recognize it. Under a different president it COULD be different, but not now.
Now that the bill really is going ahead its time to tell the truth rather than scare people into signing up for Obbama care against their own interest. I bet the same posters post ‘AHHHA< look how few are signing up’
Its amazing how clear unambiguous text cant be understood by the brainwashed.
But they say that Rush is ‘promoting conservatism’ so who cares if Obama gets what he wants? paying customers.
Lawyers will be lining up to score that big easy public win against the Federal government.
It will be nothing like this latest fiasco
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