Yes it’s quite true the law as written right now does not allow the IRS to take any action, punitive or otherwise to recapture lost monies associated with non-compliance with Obamacare (for those who are not due a refund). However two things:
1. As we (here on FR) are well aware, future sessions of Congress are not beholden to any law past sessions have passed. How long do you think it will be until that particular subsection you cited will be quietly changed in some midnight session before a Christmas, Thanksgiving or other major holiday? That will of course go unreported? Not too long. Probably after 2016, if not 2014.
2. Forget about even going through the inconvenience of rewriting the law and passing it legally, when this shortcoming becomes to great to ignore, Obama will simply whip out his pen and rewrite it himself via an executive Order.
Factoryrat is right. The seizure of liquid assets and property is coming, if nothing changes. You can count on it.
Sometime in the far future that could happen when once again the uninsured are portrayed as freeloaders raising costs for the rest, but no chance of that happening anytime soon, Dems wont even mention that mandate.
2. Forget about even going through the inconvenience of rewriting the law and passing it legally, when this shortcoming becomes to great to ignore, Obama will simply whip out his pen and rewrite it himself via an executive Order.
That wouldn't work in this case. Its one thing for him to not enforce the mandate (calling it a delay), but its another for him to impose penalties that are clearly forbidden by law.
The IRS wouldn't have a chance on that in court.