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Opt-Out Obamacare Penalty Can't Be Enforced -- Unless You Get a Tax Refund
Rush Limbaugh ^ | 10-24-2013 | Rush Limbaugh

Posted on 10/24/2013 10:48:07 AM PDT by sheikdetailfeather

October 24, 2013 BEGIN TRANSCRIPT

RUSH: For those of us who take as long as we can to pay our taxes, October 15th was the extension filing date for 2012, and I dutifully was in there. My accountant, who is almost afraid to be my accountant because he thinks he's gonna get targeted, too, just 'cause his name's on my return, he said, "Look, you may not know this, but you keep talking about these Obamacare fines if you don't buy a policy. Do you know that under the law --" and I had to go look it up. Not that I didn't believe him, but he just never gets political with me. He stays over there. (interruption) No, no. He's not lib. It's a professional relationship.

Anyway, he said to me that according to the law, the only way that the government can collect the fine or penalty for you not buying insurance is if you are owed a tax refund. If you do not owe a tax refund, they cannot go into your bank account or anywhere else and get that money. Now, the sad thing is that most people file their taxes to get a refund 'cause they think they're screwing the government, and they're not. You're giving the government all that money all that year, but, no, look, what it means is that it can't work. The whole point of this is the individual mandate. The guts of this are the mandate that you buy, that young, healthy people get screwed price-wise by being forced to buy insurance. You've got to.

(Excerpt) Read more at rushlimbaugh.com ...


TOPICS: Business/Economy; News/Current Events; Politics/Elections
KEYWORDS: irsobamacare; obamacarepenalty; optoutobamacare; penalty; refund; rushlive; rushtranscript
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To: cotton1706

I am hoping this goes through and gets rid of Obamacare:

H.Res.153 - Expressing the sense of the House of Representatives that the Patient Protection and Affordable Care Act of 2009 violates article I, section 7, clause 1 of the United States Constitution because it was a ”Bill for raising Revenue’’ that did not originate in the House of Representatives.

http://beta.congress.gov/bill/113th-congress/house-resolution/153/cosponsors


21 posted on 10/24/2013 11:12:40 AM PDT by sheikdetailfeather (Yuri Bezmenov (KGB Defector) - "Kick The Communists Out of Your Govt. & Don't Accept Their Goodies.")
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To: cotton1706

They’ll find a way to get it...


I tend to agree. However, until they do, they can’t. ;)

That said, they need a law to be passed to do it. That depends on the makeup of the congress and the executive office holder. This brings up the possibility that it may be repealed before they get the chance.


22 posted on 10/24/2013 11:15:24 AM PDT by cuban leaf
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To: E. Pluribus Unum

Thanks!


23 posted on 10/24/2013 11:15:48 AM PDT by sheikdetailfeather (Yuri Bezmenov (KGB Defector) - "Kick The Communists Out of Your Govt. & Don't Accept Their Goodies.")
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To: sheikdetailfeather
Anyway, he said to me that according to the law, the only way that the government can collect the fine or penalty for you not buying insurance is if you are owed a tax refund.

I'm sure this can be corrected by legislation. -tom

24 posted on 10/24/2013 11:17:36 AM PDT by Capt. Tom
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To: cuban leaf

I liked what Rush was saying about how Obama screwed up in managing the failure of Obamacare to get single payer. He said Obama wanted the public to blame the evil insurance companies or the Republicans, etc.. But the people are blaming government for screwing up and they are not begging for single payer after seeing how badly government messed up Obamacare. LOL!


25 posted on 10/24/2013 11:19:59 AM PDT by sheikdetailfeather (Yuri Bezmenov (KGB Defector) - "Kick The Communists Out of Your Govt. & Don't Accept Their Goodies.")
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To: sheikdetailfeather
This article ties in with your thread. Very complicated reasoning here, but worth a read: How Chief Justice Roberts Saved America in His Obamacare Ruling
26 posted on 10/24/2013 11:22:20 AM PDT by Obama_Is_Sabotaging_America (If Americans were as concerned for their country as Egyptians are, Obama would be ousted!)
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To: Obama_Is_Sabotaging_America

“If a tax can’t be ENFORCED, it’s NOT a tax”


27 posted on 10/24/2013 11:23:21 AM PDT by Obama_Is_Sabotaging_America (If Americans were as concerned for their country as Egyptians are, Obama would be ousted!)
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To: NEMDF

Yeah, that’ll work.

I had my withholding cut to a minimum for 5-6 years (each year either getting a miniscule refund or owing a hundred bucks or so) and my employer got a threatening letter in 2011 telling them that either my withholding was increased ‘or else’ (it was the tone; I saw the letter).

What would you do?


28 posted on 10/24/2013 11:24:30 AM PDT by logi_cal869
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To: Obama_Is_Sabotaging_America

Thanks!


29 posted on 10/24/2013 11:27:29 AM PDT by sheikdetailfeather (Yuri Bezmenov (KGB Defector) - "Kick The Communists Out of Your Govt. & Don't Accept Their Goodies.")
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To: sheikdetailfeather
I still cannot understand why so many Freepers keep calling this a penalty or a fine. It is neither...it is a TAX. The IRS can charge an additional penalty for underpayment of your taxes if you file quarterly. I run the numbers on this personally and always gladly pay the penalty for under payment. It just makes me feel good to keep as much of my money as long as I can. Of course the penalty is not very much but with me it is the principle that is important.

Obamacare cannot charge a penalty, the SOCOTUS said so. It will have to be some kind of additional TAX. How they do that on a case by case basis constitutionally is beyond me.

30 posted on 10/24/2013 11:28:03 AM PDT by mosaicwolf (Strength and Honor)
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To: sheikdetailfeather
Think about this...the govt. can only tax something you buy. If you do not buy anything and it is not a penalty, they cannot tax nothing.

The federal govt under the 16th amendment can only tax you if you have income, such as a refund. However, the weasel words regulations surrounding this law are X10 the size of the law and have not yet been fully examined. I'm certain they've moved the goal posts.

31 posted on 10/24/2013 11:30:35 AM PDT by USCG SimTech (Honored to serve since '71)
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To: NEMDF

“The point he’s making is true, that the IRS cannot compel people to pay the 0bamacare fine.”

Yea, but they can put a lien on your house ...


32 posted on 10/24/2013 11:30:40 AM PDT by TexasGator
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To: Obama_Is_Sabotaging_America

State Lotteries are taxes on stupid people.


33 posted on 10/24/2013 11:31:13 AM PDT by donmeaker (The lessons of Weimar will soon be repeated.)
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To: Old North State

...”as long as the IRS follows the letter of the law.”

Like the IRS targeting Obama’s political enemies?

Don’t forget folks, the IRS is charged with the enforcement of obamacare and they have a history of targeting political enemies.


34 posted on 10/24/2013 11:32:07 AM PDT by Texas resident
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To: sheikdetailfeather

WRONGO!
We have a post Constitutional government, they have the big guns, so the IRS can do whatever it pleases. Tax liens, passport revocation, wage garnishment, asset seizure.
If you’re an anti-government activist, probably a whole lot worse.


35 posted on 10/24/2013 11:42:15 AM PDT by grumpygresh (Democrats delenda est. New US economy: Fascism on top, Socialism on the bottom.)
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To: NEMDF
If everyone will adjust their W4 forms at the beginning of the year, it will (1) starve the beast a little... and (2) keep people from having that fine/tax/penalty held out of their refund due in April 2015.

When will people just stop paying taxes altogether? What? Are they going to shoot all of us? It's way beyond time... 3 TRILLION DOLLARS in "means-based" walfare entitlements needs to stop, now.

36 posted on 10/24/2013 11:49:29 AM PDT by Rodamala
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To: sheikdetailfeather

I USED TO claim 0 because I loved that huge refund

For the first time ever I maxed out every exemption I could


37 posted on 10/24/2013 11:49:44 AM PDT by Mr. K (Lies, Damned Lies, Statistics, and then Democrat Talking Points.)
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To: sheikdetailfeather

One little executive order should fix that oversight


38 posted on 10/24/2013 11:50:39 AM PDT by Mr. K (Lies, Damned Lies, Statistics, and then Democrat Talking Points.)
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To: sheikdetailfeather

Rush’s observation doe not apply to employees, whose withholding schedule guarantees an annual refund. There are some exceptions, such as those with much lower incomes than their spouse.


39 posted on 10/24/2013 11:50:49 AM PDT by Praxeologue
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To: donmeaker

“State Lotteries are taxes on stupid people.”

Yup. One of the very, very good things about my ole home turf od canada. Once you win any lottery, it’s completely yours, tax-free and the gubmint’ only wishes you’d spend the dough locally. Locally means strippers, booze etc. ;P


40 posted on 10/24/2013 11:54:10 AM PDT by max americana (fired liberals in our company last election, and I laughed while they cried (true story))
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