(h/t The Transom)
Sure, they say there won’t be any levies or liens…
“The law clearly specifies that the IRS will not use levies or file notices of federal tax lien if taxpayers have unpaid amounts related to the individual coverage provision. Moreover, taxpayers will not be criminally prosecuted for non-payment of this amount.”
Indeed, that’s supported by the ObamaCare statute. Sec. 1501(g)(2) makes it clear that the IRS cannot impose criminal penalties, levies, or liens. To be clear, the tax liability this refers to is the penalty for not complying with the individual mandate. For most families, the penalty will equal or exceed 2.5 percent of their adjusted gross income.
However:
What about the other 19 taxes in ObamaCare? This fig leaf of protection only extends to the individual mandate penalty. What about failure to pay some of the other 19 new or higher taxes in ObamaCare? Someone, for example, not wanting to pay the new 3.8 percent surtax on savings would face not only the interest and failure to pay penalty described above, but also the criminal penalties, liens, and levies the statute deals with. Ditto for the medical device manufacturing tax, the tanning tax, the new limitations on HSAs and FSAs, etc.
Guess I’ll be draining my savings accounts. I’m getting about half a percent interest, and the government wants to charge me 3.8% on money I’ve already paid tax on? What is WRONG with these people. If Americans are stupid enough to re-elect obama, we’ll deserve everything we going to get.
Laws don’t mean anything anymore anyway. Obama can just sign an executive order and do whatever he wants.
Well the IRS isn’t even requiring taxpayers to report their status. Yet.
After NFIB v Sebelius, many of the IRS’s strong-arm powers probably cannot be applied to collection of these amounts from taxpayers. But there are plenty of other ways of manipulating the code & regs & forms to collect these amounts.
How about you’ve over-withheld and expect a refund? Out the individual mandate penalties come from that refund.
How about you pay estimated taxes on a quarterly basis? Well, the IRS could rule that the first dollars in are applied to the individual mandate penalty until paid in full. Then and only then are the estimated payments applied to the income tax, self-employment tax, etc.
Let’s say you’re audited and there’s a real dispute over your deductions or your declared income. The IRS offers you a deal that allows you to avoid interest and penalties so long as you pay up the individual mandate penalties. Are you gonna do it?
Or try this one. You cannot pay the full amount that you owe, because of some economic hardship. You ask for a payment plan and the IRS says sure, as long as you pay up the individual mandate penalties as well as the rest of your tax liability.
Thieves and liars.
I didn’t realize there was badically a property tax now on savings. As a first cut, since this is a direct tax, not on income, but property, not in proportion to population of the states (no way it can be), it may not be kosher.
“basically”, not badically, and if I am right, my basic thought for a lot of folks (esp. Roberts) would be “you people are just plain stupid”. They never see the obvious.
Doing a quick check–The “savings” thing appears to be on new annual income, not acculated principal, so not quite what I first thought.
I do look strong askance on the “Cadillac plan” tax, though. It is a direct tax on the people, not on income, on something the federal government may not have the power to regulate.
Trouble is, John Roberts is not going in to cases looking to protect the rights of the people, he’s going in looking for a way to uphold the prestige of the Court in the eyes of those who can harm it. Two different things entirely.
The above irks me because throughout its judicial journey the “Stolen Valor” act was, in my view, probably always “guilty on arrival” at each level (sure, First Amendment, but God forbid you use the word “Olympic” and the IOC or USOC object), whereas for five justices I think this sweeping Obamacare act, this thing that never had existed before in American history, arrived at the Supreme Court with a status of “innocent until a writ of God proves guilty”.
Since my dander is up–let’s just repeal the goddamned Bill of Rights and admit what the *functional* reality is–only that which the liberal elite thinks proper will be allowed or protected.
Screw you, John Roberts.
Its a lose/lose for us and a win/win for the all knowing all powerful obama government. The IrS will bury families in tax debt due to fines/penalties that will compound so fast you will drown. Also, in tax court you are guilty first sso the irs will clean you out before you even have your day in court. The government and all involved are also held harmless and cannot be sued!
One more point, they obviously are planning a full frontal attack,why else would they hire 80,000 new IRS agents?