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AAO

(3,300 posts)
25. Sorry you overreacted!
Fri Apr 26, 2013, 07:12 PM
Apr 2013

From the IRS:


24. What happens if I do not have minimum essential coverage, and I cannot afford to make the payment with my tax return?

The IRS routinely works with taxpayers who owe amounts they cannot afford to pay. The law prohibits the IRS from using liens or levies to collect any payment you owe related to the individual responsibility provision, if you, your spouse or a dependent included on your tax return does not have minimum essential coverage.


The law does not allow for enforcing collection.

Also from the IRS referring to the ACA:

Under section 5000A(g)(1), the shared responsibility payment is payable upon
notice and demand by the Secretary. The shared responsibility payment is generally
assessed and collected in the same manner as an assessable penalty under
subchapter B of chapter 68 (sections 6671 through 6725). Unlike the assessable
penalties, however, the Secretary may not file notice of lien or levy on the taxpayer's
property for failing to pay the assessed shared responsibility payment. Further, a
taxpayer may not be subject to criminal prosecution or penalty for failing to pay the
assessed shared responsibility payment in a timely manner.

From the PPACA:

(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.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Being an ex controller of a medical clinic upaloopa Apr 2013 #1
It very well could be still_one Apr 2013 #2
I would have to agree, and disagree. denverbill Apr 2013 #3
Many people will be in for a rude surprise at tax time. n/t PoliticAverse Apr 2013 #5
Except that there is no punishment for not complying. AAO Apr 2013 #18
Yes there is, in NYS, they pull you over and put you in local jail for driving without insurance Dragonfli Apr 2013 #20
ACA, and no penalty will be enforced - it's right in the bill. AAO Apr 2013 #23
Are you saying the IRS will not enforce it's mandate to collect the "tax"? Dragonfli Apr 2013 #24
Sorry you overreacted! AAO Apr 2013 #25
People, people, why can't we all just get along? Lasher Apr 2013 #30
If you aren't due a refund, they can't take any off it. AAO Apr 2013 #31
That is more dishonest misrepresentation of the truth, anything you owe to the IRS stays owed Dragonfli Apr 2013 #33
What's your problem? You don't know how to adjust your tax withholding? AAO Apr 2013 #38
Sure, but I worked both on the books and as a sub contractor on other projects Dragonfli Apr 2013 #41
And I wish people were more honest around here but wish in one hand and... Dragonfli Apr 2013 #37
I should, but I always hated "that guy" that claims he didn't screw my sister Dragonfli Apr 2013 #36
As long as the premiums are affordable it should not present a problem, but if they are not, the still_one Apr 2013 #32
Has anyone ever waited in a never ending line at the post office?.nt clarice Apr 2013 #4
I find my post office to be most efficient, what has that to do with the price of bacon in Canada? Dragonfli Apr 2013 #6
Those are the funniest analogies I've ever read. lol. keep 'em coming. clarice May 2013 #44
The difference is magazines and a seat. n/t Bonhomme Richard Apr 2013 #7
Me too. I find my post office to be most efficient even though they are Cleita Apr 2013 #9
My PO Box at the post office is about half the cost of private mail boxes. ErikJ Apr 2013 #11
We need the public option to buy into Medicare included in the exchange. Cleita Apr 2013 #8
I totally agree with Coates. Maybe when the ACA fails these knotheads in snappyturtle Apr 2013 #10
ACA may be Obama's "Don't Ask, Don't Tell" thesquanderer Apr 2013 #12
I hope it does fail. And I hope it takes the health insurance racket down with it. truebluegreen Apr 2013 #13
we have a system that works pretty dam well right now--medicare madrchsod Apr 2013 #14
Medicare needs significant expansion to take care of Medicaid patients. freshwest Apr 2013 #21
ACA Loudestlib Apr 2013 #15
There's a dirty little secret about single payer moonbeam23 Apr 2013 #16
You can blame medical societies for a lot of that shortage. Hoyt Apr 2013 #28
and in some states the legislature wants to cut funding to the only medical school greymattermom Apr 2013 #42
Without a "Public Option to Keep them honest" (Obama), bvar22 Apr 2013 #17
I think exchanges will work better than some think, and there are nonprofit health plans available. Hoyt Apr 2013 #29
Well, Heritage Foundation solutions never work (except for the wealthy few) Dragonfli Apr 2013 #19
No shit, Sherlock. (nt) harmonicon Apr 2013 #22
I agree with him BethanyQuartz Apr 2013 #26
There are too many fingers in the pie who provides no health care, the US is the highest cost in Thinkingabout Apr 2013 #27
there are 'opt outs' depending on (low)income quadrature Apr 2013 #34
I'm worried about low income folks who benefit from the Earned Income Tax Credit. Lasher Apr 2013 #35
low-incomes are not affected at all ... quadrature Apr 2013 #40
The Chained CPI will greatly reduce the Earned Income Credit Bluenorthwest Apr 2013 #43
. blkmusclmachine Apr 2013 #39
I think the chess master was beaten on this one Doctor_J May 2013 #45
+1 area51 May 2013 #46
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