Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-99 next last
To: sheikdetailfeather
Works for me!

The government etal, can take your money and/or your property any time they want.

Prove me wrong.

FMCDH(BITS)

61 posted on 10/24/2013 12:21:28 PM PDT by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
[ Post Reply | Private Reply | To 1 | View Replies]

To: cotton1706
Re: “The IRS can garnish pay.”

Yes, but only after winning a civil court case.

If ObamaCare does not allow civil or criminal charges, I don't see how that can happen.

62 posted on 10/24/2013 12:24:46 PM PDT by zeestephen
[ Post Reply | Private Reply | To 13 | View Replies]

To: sheikdetailfeather
Sorry this is not going anywhere. The courts have held that the Congress can in effect do whatever they want in this regard. It is called the Origination Clause or Revenue Clause. The bill started in the House was gutted in the Senate but the courts will never overturn as the House did not object to the Senate “stealing\” the legislation. This is a dead end.
63 posted on 10/24/2013 12:27:25 PM PDT by prof.h.mandingo (Buck v. Bell (1927) An idea whose time has come (for extreme liberalism))
[ Post Reply | Private Reply | To 21 | View Replies]

To: donmeaker; Obama_Is_Sabotaging_America

SRE :”State Lotteries are taxes on stupid people.”

Better yet, my kind of tax:

voluntary taxes on stupid people


64 posted on 10/24/2013 12:29:18 PM PDT by sickoflibs (To GOP : Any path to US Citizenship IS putting them ahead in line. Stop lying about your position)
[ Post Reply | Private Reply | To 33 | View Replies]

To: Chickensoup

Simple keep your tax money then deduct $95 from what you owe (or 1%) then send in the rest! Don’t pay their tax/fine!


65 posted on 10/24/2013 12:30:43 PM PDT by JSDude1 (Is John Boehner the Neville Chamberlain of American Politics?)
[ Post Reply | Private Reply | To 2 | View Replies]

To: zeestephen; cotton1706
RE :”Re: “The IRS can garnish pay.”
.....
Yes, but only after winning a civil court case.”

My point too, its impractical in this case.

Sue say 500,000 people for $100 to say a $1000 ? EVERY YEAR?

66 posted on 10/24/2013 12:33:27 PM PDT by sickoflibs (To GOP : Any path to US Citizenship IS putting them ahead in line. Stop lying about your position)
[ Post Reply | Private Reply | To 62 | View Replies]

To: JSDude1

Ditto!


67 posted on 10/24/2013 12:34:07 PM PDT by sickoflibs (To GOP : Any path to US Citizenship IS putting them ahead in line. Stop lying about your position)
[ Post Reply | Private Reply | To 65 | View Replies]

To: TexasGator
Re: “Yea, but they can put a lien on your house.”

Yes, but first they need to win a civil court case.

As written, ObamaCare does not allow civil or criminal charges.

I'm beginning to think the Democrat's plan was to gradually legislate coercive liens and garnished wages in 2010 and 2012.

When the GOP took the House back in 2010, BAM!, a huge financial problem for ObamaCare!

68 posted on 10/24/2013 12:36:13 PM PDT by zeestephen
[ Post Reply | Private Reply | To 32 | View Replies]

To: sheikdetailfeather

When did the federal government, especially the IRS, abide by the law or the Constitution?

If they want to punish you or extort money from you they will find a way.


69 posted on 10/24/2013 12:37:06 PM PDT by Iron Munro (When a killer screams 'Allahu Akbar' you don't need to be mystified about a motive.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NEMDF

We haven’t got a refund in 30 yrs. we always owe just a little. I keep the net as close to 0 as possible since I don’t want the government to have 1 penny more than I owe them.


70 posted on 10/24/2013 12:37:50 PM PDT by sheana
[ Post Reply | Private Reply | To 5 | View Replies]

To: MaFreedom
Rush is right. These penalties are not subject to regular IRS collection. No garnishment a, no liens.

No, Rush is wrong. Oh, he and the web site are correct right in the beginning, but if at any time the IRS account has a "Funds Owed to IRS" status (other than the penalty), the monies will be commingled and the IRS will use all available methods to recover the full amount including the penalty. This information was posted on FR by an authoritative source (can't find right now) and it is dead on the money. /pun

71 posted on 10/24/2013 12:44:06 PM PDT by steve86 (Some things aren't really true but you wouldn't be half surprised if they were.)
[ Post Reply | Private Reply | To 49 | View Replies]

To: sickoflibs

If they are stupid, it is involuntary motion to buy lottery tickets.


72 posted on 10/24/2013 12:49:03 PM PDT by donmeaker (The lessons of Weimar will soon be repeated.)
[ Post Reply | Private Reply | To 64 | View Replies]

To: E. Pluribus Unum

I don’t think the co-called ACA needed to include specific provisions for the IRS to enforce collection of Obamacare penalties.

The supreme court has defined these penalties as taxes.

The IRS is empowered to collect taxes.

They can/will most likely use existing enforcement methods to collect unpaid penalties (taxes).


73 posted on 10/24/2013 12:59:15 PM PDT by WayneS (Don't blame me, I voted for Kodos...)
[ Post Reply | Private Reply | To 10 | View Replies]

To: sheikdetailfeather

What?

The Income Tax is a tax on income, it is NOT a tax on “something you buy”.


74 posted on 10/24/2013 1:02:07 PM PDT by WayneS (Don't blame me, I voted for Kodos...)
[ Post Reply | Private Reply | To 14 | View Replies]

To: WayneS
What the Obama-care law text REALLY says on IRS enforcement of the personal Mandate fine/tax Wednesday, October 16, 2013
75 posted on 10/24/2013 1:08:16 PM PDT by E. Pluribus Unum (Who knew that one day professional wrestling would be less fake than professional journalism?)
[ Post Reply | Private Reply | To 73 | View Replies]

To: donmeaker
RE :”If they are stupid, it is involuntary motion to buy lottery tickets.”

Now that is a authoritarian way of looking at it.

I see the libs on TV defending Obamacare canceling all those insurance policies with their mandated benefits saying ;”The government has to protect people from making misinformed decisions like selecting policies not meeting mandated requirements”

or : Their freedom is their slavery .

76 posted on 10/24/2013 1:09:08 PM PDT by sickoflibs (To GOP : Any path to US Citizenship IS putting them ahead in line. Stop lying about your position)
[ Post Reply | Private Reply | To 72 | View Replies]

To: sheikdetailfeather

With the Supreme Court ruling that it is a tax, you can bet they’ll find a way to come after your money.
And when the fines start going up and Obamacare is desperate for money, I expect these limits on seizures will be waived like so many regulations.
The law is no longer what is written, but what Obama dictates.


77 posted on 10/24/2013 1:15:50 PM PDT by tbw2
[ Post Reply | Private Reply | To 8 | View Replies]

To: sickoflibs

Yes but this is the Obama regime. Laws mean nothing to them. WIthout question every last one of those laws will be overturned. Like I said before, this is a scam. Get the people believing and when they are not looking stab them in the back.


78 posted on 10/24/2013 1:18:02 PM PDT by GrandJediMasterYoda (What do we want? Time travel. When do we want it? It's irrelevant.)
[ Post Reply | Private Reply | To 55 | View Replies]

To: WayneS

Except that a law which relies on general provisions of external code can have specific cancellations of the general rule, and those specific negations will control, all else being equal. So even if the IRS would normally have all the draconian collection powers everyone is worrying about, it cannot use them here, at least not until the law is changed.

Though I do agree with others here who are concerned about accumulation. If at some future point the law is modified to to allow all the usual collection methods, then the accumulation will suddenly become a serious threat to one’s liberty and property.

Which is why I mean to evade the problem entirely by joining a Christian healthcare co-op, in which case I will A) avoid any involvement in the exchanges, B) avoid the tax/penalty, C) have some realistic means of handling extraordinary medical expenses, and D) avoid paying for immoral things such as abortion etc. Maybe it’s not for everybody, and maybe it won’t last forever, but for now, the co-op alternative is a safe haven that conservatives should at least be considering, especially if the aim is to starve the beast.


79 posted on 10/24/2013 1:22:38 PM PDT by Springfield Reformer (Winston Churchill: No Peace Till Victory!)
[ Post Reply | Private Reply | To 73 | View Replies]

To: sickoflibs

So what happens to the mandated benefits when Obama delays the implementation of the policy.

“The government has to protect people that are so stupid that they believe in anything the Democratic Party says.”


80 posted on 10/24/2013 1:24:21 PM PDT by donmeaker (The lessons of Weimar will soon be repeated.)
[ Post Reply | Private Reply | To 76 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-99 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson