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Title: Forbes:Opting Out Of The Obamacare Tax: What Happens If You Don't Pay?
Source:
forbes
URL Source: http://www.forbes.com/sites/kellyph ... xgirlfeed+(taxgirl+for+Forbes)
Published: Mar 8, 2015
Author: .
Post Date: 2015-03-08 14:41:54 by Artisan
Keywords: None
Views: 191
Comments: 21
LINK http://www.forbes.com/sites/kellyphillipserb/2015/02/26/opting-out-of-the-obamacare-tax/ Last month, the Obama administration announced that between three and six million households – about 2 to 4 % of taxpayers – would be faced with a penalty (or is it a tax?) at tax time for failing to secure “minimum essential coverage” to comply with the Affordable Care Act (ACA), sometimes referred to as Obamacare. Under Obamacare, you’re considered covered if you have insurance through the government, including Medicare, Medicaid, CHIP, retiree coverage, TRICARE, or VA health coverage; private insurance that you purchased on your own including COBRA coverage and coverage obtained through the Health Insurance Marketplace; or provided by your employer (even if you didn’t pay anything for the coverage). You’ll report coverage on your tax return (find out how here). Most taxpayers – about 130 million or so – will report coverage. Of those that don’t have coverage (estimates range from 20 million to 37.5 million), most will avoid being subject to the penalty based on a waiver or exemption. Exemptions exist based on income or filing status, immigration status and religious affiliation – as well as the much-talked about incarceration exemption. A number of hardship exemptions are also available. (For more on exemptions and waivers, click here.) Those taxpayers who can’t demonstrate essential minimum coverage and aren’t otherwise exempt are subject to a penalty – the shared individual responsibility payment – equal to 1% of income above the “filing threshold” or $95 per adult and $47.50 per child (up to $285 for a family), whichever is higher. That amount is figured and reported on the taxpayer’s 2014 tax return, payable by April 15, 2015. For the 2015 tax year, the amount of the penalty increases to 2% of income or $325 per adult; in 2016, it jumps up again to 2.5% of income or $695 per person. In terms of dollars, the CBO had initially estimated that by 2016, nearly six million taxpayers would be subject to an average penalty of $1,200. The overwhelmingly majority (80%) of those estimated to be at risk to the penalty were those in the middle class with incomes between $55,850 and $115,250. Since that time, the numbers have been adjusted downward, based largely on the perceived success of policies purchased through the Marketplace and the increased number of taxpayers exempt under the rules. Those estimates – between three and six million households – are still just guesses. But the dollars associated with those numbers are the real mystery. You see, buried in the language of the 2010 law creating the Affordable Health Care Act (you remember, the “big f*cking deal”) is a bit of an out: There are practically no real consequences for not paying the penalty. I mentioned this to Maggie McGrath, personal finance reporter for Forbes, while shooting video about the Health Care Act earlier this month. “Shouldn’t that be the real story?” she asked. She’s right, of course. It should but oddly enough, nobody is really talking about it. Why so quiet? Here’s my guess: nobody has a clue what’s really going to happen. You see, when the Act became news in 2010, rumors were flying about what would happen if you didn’t pay the penalty. It was politically tricky. The consequences needed to be enough to make you want to conform with the Act but not so onerous that Congress would be loathe to vote for it. The final language in the Act declared that the penalty “shall be paid upon notice and demand” which sounds really intimidating. The language went on to note that the penalty would be “collected in the same manner as an assessable penalty under subchapter B of chapter 68" which also sounds pretty serious – especially since subchapter B references some pretty nasty penalties for otherwise not complying with other sections of the Tax Code. So what would the penalty for noncompliance be? Jail time? Nope. The language in the Act specifically rules out jail time, saying at Section 500A(g)(2)(A): “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. So, no jail time. But that means that the IRS will chase you and lien your property if you don’t pay, right? Nope. That’s not allowed under the Act. At 500A(g)(2)(B)(i), the Treasury cannot “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.” So, no liens. Then, clearly there will be levies or seizures on your wages and account, right? Nope. Not that either. Under 500A(g)(2)(B)(ii), the Treasury cannot “levy on any such property with respect to such failure.” To recap then, by law, you have to pay the penalty. But if you don’t, you won’t go to jail, you won’t be liened and you won’t be levied for collection. Is there anything that could happen to you if you choose not to pay? With no jail, no liens and no levies, it doesn’t leave the IRS a lot of room to work when it comes to collections. Congress actually managed to create, as I wrote in 2012 and in in 2013, an incredibly complex and burdensome law without any teeth. Well, maybe some teeth. Baby teeth. The IRS might seize any part or all of your refund in order to satisfy your obligation. Might. IRS hasn’t come right out and said that it absolutely will offset your refund if you owe a penalty for failure to pay. However, in the Final Regulations issued on this matter, IRS noted that “[n]othing 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.” That’s sufficiently passive aggressive, right? You’re on notice that the IRS doesn’t think that it’s barred from taking your refund. They’re not saying they will (for certain) but they’re not saying they won’t either. So is there anything you can expect for sure? You can definitely expect a lot of letter writing and virtual shaking of the government’s fist at you. Maybe even some blustering, for good measure. But real consequences? Other than that potential refund seizure and a guilty conscience, there’s nothing to keep taxpayers from opting out of paying. Will they? We’ll have to wait and see. Want more taxgirl goodness? Pick your poison: follow me on twitter, hang out on Facebook and Google, play on Pinterest or check out my YouTube channel. For cases and tax related docs, visit Scribd. Poster Comment: hyperlinks at site
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#1. To: Artisan (#0)
A responsible, reliable friend of mine says he's just stiffed a hospital bill via the religious exemption -- and the hospital readily accepted it.
I'll let everyone know when I know. I refuse to pay for something not needed, not wanted, and that will not help me in any way,shape, for form and which is simply another piece oppression hurled our way. I finished being a slave to uberwealthy pigs.
well as the article very competently outlines, there is no effective consequence to not having obamacare.
"Even to the death fight for truth, and the LORD your God will battle for you". Sirach 4:28
Structure your finances/taxes so that you NEVER have a refund and ignore The African Warlords "tax penalty". It's better to owe something, anyway. No sense in letting FedGov earn any year-long interest from your money coming back to you.
#2. To: Artisan (#0)
Opting Out Of The Obamacare Tax: What Happens If You Don't Pay?
#3. To: Katniss (#2)
#4. To: Artisan (#0)
-Alex Kurtagic
#5. To: X-15 (#4)
Correct and Amen. Structure your finances/taxes so that you NEVER have a refund and ignore The African Warlords "tax penalty".
“The most dangerous man to any government is the man who is able to think things out... without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, intolerable.” ~ H. L. Mencken
#6. To: Artisan (#3)
That's what it says, but the Constitution says things too, clearly what it says is disregarded. Either way, not participating, will report back. I have no question that at some point the resolve of the government to collect will stiffen. well as the article very competently outlines, there is no effective consequence to not having obamacare.
#7. To: X-15 (#4)
Yeah, that's pretty much it. Seems that any penalties for underguessing will be worth it in that light. Structure your finances/taxes so that you NEVER have a refund and ignore The African Warlords "tax penalty". It's better to owe something, anyway. No sense in letting FedGov earn any year-long interest from your money coming back to you.
#8. To: Artisan (#3)
Typically, the way gov intrusion works is this: First something is legislated that imposes requirements without any penalty. Then after a few years, avoidance of the penalty is considered a "loophole" of sorts, and more legislation is enacted giving teeth to it. They have to do things this way precisely because so many people are not compliant, but as that number decreases over time (or if it's simply broadcast in the media that it has decreased) then they can start forcing collections on non-compliant people without political consequence. That's government encroachment 101. Oh, and of course don't count on republicans to undue obamacare when they next have the opportunity. Again, history shows that R's never repeal D legislation they claimed to object to once they get into power. Special interests and such that win financially from it intervene and nothing happens. well as the article very competently outlines, there is no effective consequence to not having obamacare.
#9. To: Pinguinite (#8)
I understand, but I don't think katniss should have fatalistic expectations about enforcement of obamacare. I don't think its going to be like that. Obama's goons aren't going to be knocking down anyones door for an obamacare penalty, at least not yet. Typically, the way gov intrusion works is this:
"Even to the death fight for truth, and the LORD your God will battle for you". Sirach 4:28
#10. To: katniss (#9)
forgot to ping you to #9
"Even to the death fight for truth, and the LORD your God will battle for you". Sirach 4:28
#11. To: Artisan (#9)
It won't be Obama goons. It will be Republican goons, after they embrace the Obamacare penalty, which in time, I predict they will, just like they did social security enacted by/under Democrat FDR. All those retirees today are Republican voters so the R's would never consider touching SS. Obama's goons aren't going to be knocking down anyones door for an obamacare penalty, at least not yet.
#12. To: Artisan (#9)
Personally , i am wondering how long it will take obama care to require people to get chipped. As for enforcement, the.gov just has.to withhold tax refunds and the masses will comply.however bbegrudgingly... at least thats what i think.
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Suspect all media / resist bad propaganda/Learn NLP everyday everyway ;) If you don't control your mind someone else will.
#13. To: Pinguinite (#8)
First something is legislated that imposes requirements without any penalty. Then after a few years, avoidance of the penalty is considered a "loophole" of sorts, and more legislation is enacted giving teeth to it. They have to do things this way precisely because so many people are not compliant, but as that number decreases over time (or if it's simply broadcast in the media that it has decreased) then they can start forcing collections on non-compliant people without political consequence. That's government encroachment 101. That's exactly right. That's entirely because they're all on the same sheet, namely gaining power via any way possible. The vast majority of Americans are beyond blind to that. As Janice Joplin lyric'd, freedom's just a word for nothing left to lose. At some point life without a certain degree of liberty, for some, simply becomes not worth living. Patrick Henry et al. understood this. Typically, the way gov intrusion works is this:
Oh, and of course don't count on republicans to undue obamacare when they next have the opportunity. Again, history shows that R's never repeal D legislation they claimed to object to once they get into power. Special interests and such that win financially from it intervene and nothing happens.
#14. To: Artisan (#9)
Yeah, I don't think that Pinguinite was saying that such enforcement would be immediate, he mentioned encroachment and that it would take several years. It may not even be physical, it might be a complete shutting down of one's bank accounts, etc. That seems to be the new way of enforcement, financial to the extent that it's the same as being terminal unless one enjoys living homelessly. In many ways we are experiencing that very thing right now. I understand, but I don't think katniss should have fatalistic expectations about enforcement of obamacare. I don't think its going to be like that. Obama's goons aren't going to be knocking down anyones door for an obamacare penalty, at least not yet.
16 And he causeth all, the small and the great, and the rich and the poor, and the free and the bond, that there be given them a mark on their right hand, or upon their forehead; 17 and that no man should be able to buy or to sell, save he that hath the mark, even the name of the beast or the number of his name.
#15. To: Artisan (#0)
These folks have learned the truth about all federal taxes, and particularly the income tax of which the Obamacare mandate is a part. Want To Be Free Of The Impending Obamacare Outrage? Nothing Could Be Easier! Like other federal mandates, the Obamacare mandate hinges on the use of federal privilege These educated Americans know that even though it is easily-mistaken as a tax on "all that comes in" (and that such mistakes are deliberately encouraged and viciously exploited by revenue- and power-hungry governments which have designed the tax law to be confusing and to conceal its true nature), the income tax is actually a Constitutionally-harmonious tax of limited application, which has nothing to do with simply earning money and which mandates nothing at all unless one chooses to engage in a narrow class of specialized activities..... ....when all is said and done, that the Obamacare mandate and penalty do not apply to anyone with less than the exemption amount of "income"-- which is most of us. Like most federal mandates, the Obamacare mandate only applies to the minority of Americans making use of a federal privilege...." losthorizons.com/Document...hcareCrisis.htm#Obamacare according to Pete Hendrickson, federal income tax is not a tax on everything that comes in, but is an internal tax on federally-connected income, as in officer, employee, elected official, and the like, or money from a federally connected corporation. basically, sounds like if you get your money from the feds, it is taxed. all the rest is bluff and terrorism. losts of americans are jumping on this new knowledge and saving their money and getting refunds. i think this is why the powers that were are invading us with illegals...they figure it will be awhile before they figure out unless they are getting their paycheck from uncle sam, they don't have to pay taxes either! quick post and i have to run...
"...as long as there..remain active enemies of the Christian church, we may hope to become Master of the World...the future Jewish King will never reign in the world before Christianity is overthrown - B'nai B'rith speech http://www.biblebelievers.org.au/luther.htm / http://bible.cc/psalms/83-4.htm
#16. To: AllTheKings'HorsesWontDoIt (#15)
according to Pete Hendrickson, federal income tax is not a tax on everything that comes in, but is an internal tax on federally-connected income as you most likely know, pete Hendrickson went to federal prison. whether his theory had any merit or is right or wrong, it don't work and most people don't want to go to prison to prove a theoretical point about taxes.
"Even to the death fight for truth, and the LORD your God will battle for you". Sirach 4:28
#17. To: Katniss (#13)
At some point life without a certain degree of liberty, for some, simply becomes not worth living. I strongly disagree. While liberty is indeed our God given right and we should fight for it, and some things are indeed worth dying for, to say that life is not worth living because of imprisonment or enslavement is something I strongly disagree with. Life is a gift from God and is valuable. our life is not merely our own, it is a gift and our body is the temple of God. what about all the saints and others thru history who were imprisoned and suffered for a time but were released to continue to live and do great things? even the martyrs who were killed for their faith didn't give up and kill themselves before they had to suffer and be killed in order to avoid some restriction of their liberty. we don't always know the purpose of suffering but it can often sanctify the person and we can offer our trials up in union with Jesus suffering and passion on the cross. in this way suffering can prove unmeasurably invaluable.
"Even to the death fight for truth, and the LORD your God will battle for you". Sirach 4:28
#18. To: Artisan (#17)
Well, I guess I wasn't specific enough. When I said that I was not advocating suicide, but rather, fighting for liberty, which IMO is the same as suicide, or will be soon. I don't consider starving to death because the establishment has arranged it so that unless you comply with all of their psychotic laws and commands you cannot engage in commerce to the extent that you may not even be able to buy food. After that, I agree with what you wrote, but at some point if God wants me alive he's going to have to ensure that it happens, b/c I'm only going to put up with so much, unlike most who I firmly believe will keep succombing while bitching up a storm. In fact, we're already meeting certain resistances in life based on attempts to homeschool, state mandated vaccines, etc. Many people here do not have young children and do not see these things, but when you are in it, and fighting those battles that take much time, energy, research, and mental wherewithal, not to mention take precious time off one's plate to the extent that it significantly impacts personal finances, it becomes much more readily apparent. I fully appreciate stances like that of noone222, but not everyone is a single retired person that can "hide" from the establishment. Many of us have no choice in certain things. The vast majority of Amercans bitch about their loss of liberty, but don't do the things that they're capable of doing to prevent it. Yes, homeschooling is a sacrifice, but when people are not willing to sacrifice, and they'll cite all the great reasons, most of which are tied either directly or indirectly to wealth and income, then they don't deserve liberty, which is exactly where we are today. Those that have fought for liberty over the centuries have typically died at one point or another once a certain point was reached. More than not anyway. The establishment is slowly strangling out those that do not comply, I see it all but daily.
#19. To: Katniss (#18)
In fact, we're already meeting certain resistances in life based on attempts to homeschool, state mandated vaccines, etc. Many people here do not have young children and do not see these things, but when you are in it, and fighting those battles that take much time, energy, research, and mental wherewithal, not to mention take precious time off one's plate to the extent that it significantly impacts personal finances, it becomes much more readily apparent. I appreciate what you are saying and acknowledge/understand it. Many people have no clue what it takes to prepare, and fight these type battles. May the good Lord continue to bless and strengthen you, Amen.
"Even to the death fight for truth, and the LORD your God will battle for you". Sirach 4:28
#20. To: Artisan (#16) (Edited)
got a reprieve on time. yay. but i should be using it to save some of these windows on my computer. i lost a slew of them yesterday when my computer updated. hendrickson went to prison but it wasn't for taxes as far as i know. i haven't gotten to the bottom of that one yet so i won't comment on it. they WERE trying to imprison his wife for not perjuring herself on a tax form and i still haven't determined whether or not she actuallly is in prison or not. more info here: http://www.veteranstoday.com/201...titutionality-of-the-law/ / http://brianrwright.com/CoffeeCoasterBlog/?p=4561#more-4561 no hung jury in the second trial, and she was convicted of contempt [for non-perjury]. she was supposed to be sentenced but i don't know how that turned out. when they couldn't get to pete, they went after his wife. oops i take that back. just found it. sentencing is now scheduled april 9. pete writes about it here [please read]: http://losthorizons.com/MidEditionUpdate.htm#1 anyone who is near detroit or who can get there, please attend if you want to lend your disapproval to this lawless 'government'. and i just ran across a post on pete's tax TRIAL [in order to suppress his book]. whether he went to jail for THIS i don't know...i will have to download all this so i can read when i have more time out in the sticks and have no internet to distract me! excerpt... "...AS I SAID EARLIER, no one was fooled by this lawsuit, and thus, “plan “C”” didn't do the job, either. The knowledge in CtC kept spreading, and Americans kept standing up, one after another, on behalf of the rule of law. During the time this “suit” was in play, returned and retained property of those acting in educated harmony with the Constitution and tax-related statutes mounted into the millions of dollars. More and more Americans stood up loud and proud with the Founders and their vision of limited government, enforcing the framework of law by which the blessings of Liberty were meant to be preserved for themselves and their posterity. So, what was a frustrated despot to do? On to plan “D”... Year Six: After Four Years Of Internal Struggle While Amounts Recovered Or Retained By CtC-Educated Americans Mount Into The Millions, The IRS And DoJ Charge Me With Not Believing What I Have Revealed About The Tax ON NOVEMBER 12, 2008, after a series of failed attempts over four years, an unsigned “indictment” was announced, charging me with ten criminal counts of not believing what I know to be true about the law, and which the federal and, by now, 33 state governments have been acknowledging ceaselessly since late 2003, continuing even as you read these words. No one else has ever been similarly charged in connection with a CtC-educated return, before or since. In October of 2009, I had a trial on these charges. While the charges actually imply allegations that something on documents I had filed was objectively false (in that their correctness would serve as a defense), not a word of testimony was presented challenging the objective correctness of my filings or anything else I have ever done. Instead, the trial was an exercise in character assassination and jury manipulation, and nothing else. For instance, the “lawsuit” ruling about which you have just read was used as evidence against me to suggest that I have to have actually believed myself to be wrong about the law (and thus acted “willfully”, since I filed educated returns anyway)......" "...Surely “plan D(esperate)” has done the job, and all the tens of thousands of Americans who have learned to read the law for themselves through study of CtC are now standing back down in confusion, despair and silence, right? Sorry, Charlie... Years Eight And Nine: The CtC-Educated Community Carries On, And The Federal And State Governments Continue To Issue Complete Refunds Of Erroneously Withheld Or Paid-In Property Without Interruption Here's the thing: WHAT IS REVEALED IN CtC IS THE TRUTH ABOUT THE “INCOME” TAX...." "..You really need to familiarize yourself with Pete Hendrickson's absolutely magnificent work at his website and in his book(s). He has, brilliantly and lucidly, "cracked the code" regarding the federal income EXCISE tax(es)." -Mark C. Phillips, JD "...I find your work fascinatingly simple to understand." -Jerry Arnowitz, JD "Your book is a masterpiece!" -Michael Carver, JD "Received your book yesterday. Started reading at 11 PM, finished at 4 AM." "I have 16 feet (literally 16' 4.5") of documents supporting just about everything in your book." "Your book should be required reading for every lawyer before being admitted to any Bar." "I hope you sell a million of them." -John O'Neil Green, JD “Thanks again for your efforts, Pete. They mean an awful lot to a lot of people.” “…as an attorney, I am humbled by your knowledge and ability in navigating the law. THANK YOU for your hard work and sacrifice.” -Eric Smithers, JD "I am an attorney and want to give a testimonial to your book, which I find to be compelling. I am exercising these rights for myself and my adult children. I'm even considering making this my new avenue of law practice." -Nancy "Ana" Garner, JD The thuggish beneficiaries of the “ignorance tax” know that, of course-- that’s why they keep sending out those checks; that’s why they’ve been reduced to trying to get a judge to order my wife and me to testify to their specifications in order to create a pretext for claiming a tax owed; that’s why their “Dirty Dozen” listing had to be not-quite-an-accurate representation of a CtC-educated filing; that’s why they couldn’t sustain their “promotion of an abusive tax shelter” charges; that’s why they didn’t dare put anyone on the stand to testify that anything in my filings was incorrect and had to resort to corrupt ploys and jury manipulations. The thugs know it’s the truth. Heck, that’s why they struggle so hard to suppress it. ...." Government Suppression of Peter Hendrickson's "Cracking the Code" http://losthorizons.com/Documents/CtCSuppression.htm#Criminal these are SOME of the people who would disagree with your statement that 'it don't work'. links to photos of their refund checks, some with correspondence to and from IRS: http://www.losthorizons.com/BulletinBoard.htm Another one is in the Newsletter for March 1 to March 14 [whether these are archived somewhere I don't know, so if you want to see it, read it now or save it to your computer so you can read it later.]: "...A Small-Business Owner Shares A Nice Victory For The Rule Of Law Another real American hero doing what really needs to be done. UPSTANDING BUSINESSWOMAN HEATHER JACKSON sent me documentation of a nice little victory for the rule of law she just won, and I'm happy to share it with you today. I'm going to let Heather give you the story, just as she explained it to me in her email; I'll just plug in the images and docs in the appropriate places:...." http://www.losthorizons.com/Newsletter.htm#Victory also scroll down to his post about Twitter or go here http://www.losthorizons.com/Newsletter.htm#GT . he thinks it is a good way to spread the message and you will also find what i think is his favorite link to read and share. it's about the 16th amendment and the income tax: excerpt: "..."Each of the following tweets are within posting lengths and ready to simply copy and paste into a "new tweet" field: Are you letting folks who live on taxes tell you what the tax laws say? Read 'em for yourself! http://losthorizons.com/Documents/The16th.htm #TheTruthAboutTheTax Relying on tax-beneficiaries to tell you what the tax laws really say? Are you crazy? http://losthorizons.com/Documents/The16th.htm #TheTruthAboutTheTax Awake? Then you know some in govt. will lie about anything when they see a gain in doing so. http://losthorizons.com/Documents/The16th.htm #TheTruthAboutTheTax You've been lied to for years about what actually qualifies as "income" in US tax law. http://losthorizons.com/Documents/The16th.htm #TheTruthAboutTheTax A long-running scheme conceals the real meaning of "income" under US tax laws. http://losthorizons.com/Documents/The16th.htm #TheTruthAboutTheTax ..." http://www.losthorizons.com/Newsletter.htm Remember this newsletter ends March 14. nobody wants to go to jail. but what would happen if the whole country had their blinders removed and stood up enmasse and stopped funding the beast? would they put us all in jail? they might bring on the battle of armageddon which i believe is scheduled for america and not israhell. God knows they have planned for it: DHS amassing enough weapons to wage war against Americans for 7 years, Operation Garden Plot, and the whole bit....or is the battle of armageddon spiritual, and we would be given horns of iron and feet of brass and take back their ill-gotten gain [Micah 4]? i don't know. but i think people owe it to themselves and their children and their grandchildren and this country and all the people CorpUSA is waging war against, to at least take a look at this. thanks! as you most likely know, pete Hendrickson went to federal prison. whether his theory had any merit or is right or wrong, it don't work and most people don't want to go to prison to prove a theoretical point about taxes.
"...as long as there..remain active enemies of the Christian church, we may hope to become Master of the World...the future Jewish King will never reign in the world before Christianity is overthrown - B'nai B'rith speech http://www.biblebelievers.org.au/luther.htm / http://bible.cc/psalms/83-4.htm
#21. To: Artisan (#19)
Thanks! Can certainly use the prayers. Likewise
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