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The IRS will not enforce Obamacare’s individual mandate

February 15, 2017

  Back on January 21 Donald Trump signed an Executive Order which instructed government agencies to “ease the burdens” of Obamacare by cutting burdensome regulations.

 According to this story the IRS has decided, in light of the Executive Order, that it will no longer require people to disclose under penalty of perjury the status of their health insurance coverage and Americans will no longer have to pay the so-called “shared responsibility” fee. Here is more:

Following President Donald Trump’s executive order instructing agencies to provide relief from the health law, the Internal Revenue Service appears to be taking a more lax approach to the coverage requirement.

The health law’s individual mandate requires everyone to either maintain qualifying health coverage or pay a tax penalty, known as a “shared responsibility payment.” The IRS was set to require filers to indicate whether they had maintained coverage in 2016 or paid the penalty by filling out line 61 on their form 1040s. Alternatively, they could claim exemption from the mandate by filing a form 8965.

For most filers, filling out line 61 would be mandatory. The IRS would not accept 1040s unless the coverage box was checked, or the shared responsibility payment noted, or the exemption form included. Otherwise they would be labeled “silent returns” and rejected.

Instead, however, filling out that line will be optional.

“The recent executive order directed federal agencies to exercise authority and discretion available to them to reduce potential burden,” the IRS said in a statement to Reason. “Consistent with that, the IRS has decided to make changes that would continue to allow electronic and paper returns to be accepted for processing in instances where a taxpayer doesn’t indicate their coverage status.”

  The IRS still reserves the right to follow-up on returns if people do not check line 61 however it seems unlikely:

“It’s hard to enforce something without information,” says Ryan Ellis, a Senior Fellow at the Conservative Reform Network.

    The the legality of this move is already being questioned and it will be interesting to see if it is challenged because the mandate has already been deemed Constitutional and it would seem to me that only the Congress can make changes to an existing law.

malo periculosam libertatem quam quietum servitium

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21 Comments leave one →
  1. February 15, 2017 8:12 pm

    Reblogged this on Brittius.

    Liked by 1 person

    • February 16, 2017 6:36 am

      Thank you.

      Like

      • February 16, 2017 6:42 am

        You’re welcome.

        Liked by 1 person

  2. February 15, 2017 10:32 pm

    Anyone now with any brains should wait until they get seriously sick and then have a right to require an insurance company to insure them. Its not the penalty that is the issue to pay or not to pay the penalty but the waiting that will cause the final death throe of Obamacare and us the taxpayer.

    Liked by 3 people

    • February 16, 2017 6:38 am

      That is what I think is likely to happen. meanwhile Republicans are balking at doing anything with Obamacare. Can’t say I am surprised…

      Liked by 2 people

  3. February 15, 2017 10:39 pm

    What will the Democrats tell the FSA? “Sorry we wanted to give you more FS, but the heartless mean spirted working class will no longer support you” . This is lose lose issue for the elite of both parties.

    The Hollywood and music industry crowd will be totally unhinged. Maybe they could do benift concerts and shows to raise money to give away.

    Liked by 2 people

  4. petermac3 permalink
    February 16, 2017 7:01 am

    Now if only the IRS would go after Al Sharpton for the $5 million he owes in back taxes. There’s a better chance of a repeal of NoCare than this racist street thug ever being prosecuted.

    Liked by 4 people

    • lou222 permalink
      February 16, 2017 1:25 pm

      Peter, when you are a member of the “elites”, you don’t have to pay taxes, it appears. There are more than just Sharpton that owe money that will never exchange hands….now If I was only one of those “elites”, but NO, they will hunt me down for my tax money and fine the crap out of me IF I do not pay up……where did I go wrong????

      Liked by 1 person

      • February 16, 2017 9:05 pm

        You have that right Lou, hell Obama’s treasury secretary was a tax cheat!

        Liked by 1 person

    • February 16, 2017 9:04 pm

      He only owes about $4 million, we should give him a pass because of all the great work he does. 😉

      Liked by 1 person

  5. lou222 permalink
    February 16, 2017 10:21 am

    OT: You all probably have heard me say before that I have the radio on all night to help me sleep….BUT, I also listen. Early this morning our local guys were on. They were discussing what is going on over at the State House in Springfield, Ill. We have a Republican Governor that was voted in (ya, you heard me right) this last election. Rauner is his name. We also have a Democratic House and Senate (the same one that Obama voted “present” at) along with The Madigans ( Michael, the Speaker and his daughter Lisa the AG). The left controls the vote, even with a Republican Governor in there. Rauner is not a fighter, a millionaire, but not a fighter. This morning, they were discussing a balanced budget (which we have not had for a few years) and the Democrats were actually laughing at Rauner. Madigan would not shut them up….they have taken over the show. We will have taxes raised, that is apparent now. Rauner would like to have a balanced budget, but it will not happen with this bunch in office and HE will be the one to blame. Lisa Madigan wants to stop the State from giving out paychecks, only caught part of that…but the jest would be that Rauner will be at fault. Given what is going on out in DC, this doesn’t surprise me, but then again this always goes on here. We have lost more people (the ones that pay taxes) this past year and are quickly on the track to being a Sanctuary State, this is what those like Dick Durbin (yep, that guy) want for us. Our taxes will go up, more tax paying people will move out, we that still are stuck here will owe more money and the “gemmies” will be the ones that win. I would love to be able to move, but have too many ties here….but at some point, we are going to have to cut our losses and just get out.

    Liked by 1 person

    • February 16, 2017 9:06 pm

      There is only so much he can do on his own but hopefully the governor’s election is a sign of things to come in two years!

      Like

      • lou222 permalink
        February 17, 2017 11:09 am

        We just cannot seem to vote the bastids out of office, for some reason there are always enough votes to keep the crooks in there. How Gov. Rauner got in there is a mystery…..at any rate, Illinois will stay under the control of the left…it will be downgraded and it will run out of money except for the “immigrants” that are making their way here….the people that pay money into the system will be the ones that will suffer. Now, can you see why tax payers are leaving?

        Liked by 1 person

      • February 17, 2017 8:34 pm

        Yes I can see it and of course if the taxpayers leave it will be impossible to get rid of these people and eventually the state will run out of money.

        Like

      • lou222 permalink
        February 18, 2017 9:09 am

        The answer to the left in Illinois is always to raise taxes…ALWAYS. Not to cut back on their pay or to cut back on some of the free stuff…never. That a handful of people have that much control over a state is beyond belief, but that is what happens. Anyone else on here and not sure if Phillip is still reading the blog, but he will probably tell you the same thing. I hate it, I have lived here all but 4 years of my life and the people are good people…we have 4 seasons and if you like prairie land, we have it….but we also have corruption that exceeds even DC, well at least that is what my opinion is. Ok, maybe it is on the same level, but it is wrong and we just cannot seem to stop the fraud at the voting places, mainly in the Chicago area.

        Like

  6. February 16, 2017 11:27 am

    My question is how is this okay when DACA and DAPA were not? Have things got to the point where it is acceptable for the government to selectively not enforce the law only when one agrees with it?

    Liked by 1 person

    • February 16, 2017 9:08 pm

      It seems more and more to me that we are living in a post-constitutional America, or maybe a semi post-constitutional America. When you have the government picking and choosing which laws they will follow, like the immigration laws, you really have no laws.

      Like

  7. Bill permalink
    February 16, 2017 4:43 pm

    Anyone with insurance can comment as they see fit. For me, I have paid the penalty twice!
    I was quote back in Nov. $1050 per month. I will not pay the penalty again, either way.
    It is disruptive in a huge way.

    Liked by 3 people

    • lou222 permalink
      February 16, 2017 5:18 pm

      So, you did not save $2,500 on your insurance? Were we really supposed to believe that? Guess the ones on the dole didn’t have to worry about it, but I know that OUR insurance went up along with the deductible. Was the $1,050 just for you, alone? Pretty steep!

      Liked by 2 people

  8. February 16, 2017 9:33 pm

    The IRS need re-vamping too – I wonder how much $$$$ came in from people having to pay penalties and where or ‘what’ it went – probably supporting and funding ISIS. There are some of those sickies that don’t want to give up their position or power and will do whatever they can to take ‘QUALITY’ people out. Have to ‘do unto them’ before they do any more damage!
    (Steve check your email – something you might enjoy!)

    Liked by 1 person

    • February 17, 2017 6:39 am

      I think the IRS is probably the first that needs to be revamped after the targeting scandal, everyone involved in that needs to be fired.
      That video you sent me was very well done, thanks for sharing it!

      Liked by 1 person

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