Skip to comments.Opt-Out Obamacare Penalty Can't Be Enforced -- Unless You Get a Tax Refund
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 ...
I don’t think he knows what he is talking about. YOu owe the IRS and that is that.
I always owe.
YOu owe the IRS and that is that.”
Actually, the IRS OWNS you and me and everyone that is gainfully employed and not living on government handouts and that is that.
The point he’s making is true, that the IRS cannot compel people to pay the 0bamacare fine.
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.
Obama/DemoRATs have not had a budget, EVER! And the Repubs will not enforce one either!
Kill their blank check and stop overpaying during the year.
If you believe that I want to show you one of my nicest bridges.
Me too! Someone called Rush later and said he could break the law and get it from your bank acct. and Rush said yes. If nobody goes after him for it he can. But as the lase stands, they cannot take it from your bank acct. nor take your property.
In our dictatorship with the insane King Obama they will take the fine from anywhere you have money. Bank accounts are at the same communists control empire that government is. The IRS is above the law and they make their own.
It appears to be you doesn't know what he's talking about.
You might also want to know about one other minor detail about the Obamacare penalties: The IRS can't go after taxpayers who don't pay up. That's right -- the Affordable Care Act didn't include any provisions for the tax agency to enforce collection of the penalties.
2014 tax returns, which aren't due until April 2015, will include a spot for taxpayers to provide information about health insurance. If any penalties apply, the IRS will subtract the penalty amount out of any refund owed. If you don't get a refund or the penalty is greater than your refund, the agency will want you to mail a check to them or send funds electronically.
What happens if you decide not to send the money? The IRS could take it out of any future tax refunds. If your taxes are withheld through your employer, the agency could also get the money through that route. However, it can't press criminal charges or assess further financial penalties for not paying. The IRS also can't place a lien on property as it can when seeking payment of overdue taxes.
woops! lase s/b law
If you later in life file for SS could they take it out of that?
Nonsense. The IRS can garnish pay.
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.
Works for me!
“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.”
I understand. I still don’t buy it. They’ll find a way to get it, for example by denying you something until you pay, similar to suspending your license till you pay your parking tickets. You’ll have a trip to Italy planned and purchased and all of a sudden, your passport is suspended when you’re at the airport. Something along those lines.
Says nothing about that in the law.
I always owe because my wife makes so much less than me that even when she claims no deductions there is very little withheld from her check. But since it is the money basically attached “on top” of what I make, it puts us in the hole every year. However, she’s quitting at the end of the year. Looks like I’ll add “1” to my number of dependents on my W-4 next year.
Does Rushbo actually believe this? Does he honestly think the fascists are not coming after your bank accounts and everything else you own if you own fine money? Is he kidding? This is all a scam, a backdoor to communism, that’s the only reason they created Obamacare. They are going to make the rates for commiecare insanely high - if they aren’t already - and as a result Joe Middle class isn’t going to able to afford it and the fines will stack up and of course being that it is classified as a tax they will sock you with penalties and of course those fines will get higher every year and then *poof* the fascists then have an excuse for redistribution of wealth - “You owe $70k in fines which is a tax so say goodbye to the house, car, kids college fund, everything else you own” and Stalin Obama gets to practice financial collectivism, redistribution - You now work for the state slave.
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.
Theyll find a way to get it...
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.
I'm sure this can be corrected by legislation. -tom
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!
“If a tax can’t be ENFORCED, it’s NOT a tax”
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?
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.
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.
“The point hes making is true, that the IRS cannot compel people to pay the 0bamacare fine.”
Yea, but they can put a lien on your house ...
State Lotteries are taxes on stupid people.
...”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.
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.
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.
I USED TO claim 0 because I loved that huge refund
For the first time ever I maxed out every exemption I could
One little executive order should fix that oversight
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.
“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
Holy crap, thanks Rush, now I wont get yelled at here for posting written proof of it here, because many here believe whatever you say so now its OK. I beat ya to it Rush.
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I don’t think that’s right. You over pay and they’ll reduce your refund. You under pay and they make you pay more if you don’t have healthcare. They’ll have access to all your bank accounts, so it won’t matter what you want.
I’m with you.
If you owe the money for the year 2014, then the money for 2015, then 2016 ... it’s going to add up. Eventually you will have to pay big time.
Even if he is right.
I would request he look a little further down the law. As I recall this fact has been discussed for some time now.
Further it applies the first year. at some point, may the second year, I don’t recall, there can be garnishments and liens.
Perhaps someone with real knowledge can expound on what happens after te first year of nonpayment.
You HAVE to buy, or pay a penalty. Forget the tax part. BUY or PENALTY.
I saved that thread to my email. You did call it first.
For goodness sake people, read the damn law. KNOW YOUR RIGHTS
Rush is right. These penalties are not subject to regular IRS collection. No garnishment a, no liens.
Look at the last paragraph under individual mandate.
But it adds up as a total you owe, year after year, after year.
You can’t let the amount you owe the government go beyond a certain point ... that’s why some people make periodic payments.