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 ...
Transcript and video on the page
RUSH: Only Way Govt. Can Collect ObamaCare Opt-Out Fine Or Penalty Is If You’re Owed A Tax Refund
And we can count on Holder to prosecute any IRS who violates that provision, right?
Anyone?
Bueller?
I would ask that you do some research into how the phrase "Notwithstanding any other provision of law" has been interpreted in the past.
A good place to start might be - "Statutory Interpretation: General Principles and Recent Trends", a document prepared for congress by the CRS (Order Code 97-589). It contains some interesting information on how the courts have interpreted that phrase.
Thus, "notwithstanding" the clear wording of the law, I still think there is a good chance the IRS will use some or all of its existing tax and penalty collection powers to get Obamacare penalties incurred by tax-payers.
No, they cannot. It’s in the code. They cannot put a lien on your house and they cannot garnish your wages. The ONLY means by which they can collect the Obamacare tax is through a REFUND.
I understand what you are saying.
Please see Comment #75 for my explanation of why I think the IRS can/will still use its enforcement power to collect Obamacare penalties.
RE :”And we can count on Holder to prosecute any IRS who violates that provision, right?”
If a court orders him to stop in a class action then the fun begins. Maybe even award damages.
All 9 members of the SCOTUS would/will rule that IRS cant punish us for this;.
I said this on my post that provided the law text and the link to bill: trying to scare voters by telling them they can be punished if they don't comply, which is untrue, helps Obamacare.
It helps Obama. He needs us frightened to sign up and fund the system. If he doesnt get us to do it Obamacare fails.
That is why Rush is telling us what the laws says too. So people resist.
Doomed for failure...
So when Holder doesn’t prosecute an IRS agent, nothing will be done.
I never get a tax refund. I’m self employed/retired.
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.
____________________
This law is nothing but a big regressive tax on the middle class that will be taking middle class assets and giving them to the medical-industrial complex and Hussains friends
Absolutely!
I was just talking to a young protege at work. He does not expect to receive social security when he retires because he thinks it will be converted to a “needs based” fund, Even though he has paid in big time, he’s wealthy, when he retires the government may think others “need” his money more than he does.
How far our government has stayed from its origins!
I am planning to decline medicare.
Interesting you are saying this.
I am eligible in 2 months. I just bought a new [1924] house so I have a brand new mortgage and probably shouldn’t retire. I have employer provided healthcare and don’t want Medicare.
But, if you think you ever will want to use it, you may want to look at the rules. Plan B will punished you by 10% for every year you refused to sign up.
I’m still studying this. Good luck to you! :o)
Amazing! I know they can freeze it with a lien so you can’t get to it. I also know they can send a request to get it out and the bank has to send it to them
That is why I think it is not legal anymore.
I looked at my bank statement and it was almost empty.
The Obamacare Penalty: Yes, It Can Be Avoided.
We asked Mark Luscombe, principal analyst at CCH Tax & Accounting North America, about that. Turns out Limbaugh is essentially right. If you don't get a refund next year, the “IRS could carry over the sum due and apply it against any refunds in future years. On a joint return, the penalty of one joint filer could be applied against the refund due to the other joint filer,” Luscombe says.
“If you don’t pay it, all they can do is wait until they owe you some money and take that. Or probably just send you a letter every now and then reminding you that you owe money to the IRS,” says Timothy Jost, a professor at the Washington and Lee University School of Law and coauthor of the casebook “Health Law.”
And by the way, once the IRS assesses the penalty, they’ve got 10 years to collect, says Bryan Camp, law professor at Texas Tech University.
The law also prohibits the IRS from using liens or levies to collect any “payment you owe related to the law, if you, your spouse or a dependent included on your tax return does not have minimum essential coverage,” according to the IRS. That means the IRS cannot go into someone’s “checking accounts anyway and just take the money,” as one of Limbaugh’s callers suggested the Obama administration might just do.
Thanks and that is why I posted the bill here.
In fact in 2010 I remember the debate and how this got unto the law, it was because they House Dems were forced to accept the Senate version which had the wimpy mandate.
The Pelosi House version of O care had very punitive penalties.
Remember that they wanted a public plan or single payer,
Maybe they think by posting all this diabolical stuff that Obamacare will magically be repealed, or they just get off on making up all this scary sounding stuff.
But at this point with Obamacare going forward we shouldn’t be encouraging people to sign up if its not in their best interest to. If they are getting it free or mostly paid then it might be in their best interest to sign up (like medicaid for fre) .
But if they are the target young healthy cash cows that Dems need to make it work their best move might be to just not comply.
I am not interested in deceiving people.
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