Opt-Out Obamacare Penalty Can’t Be Enforced — Unless You Get a Tax Refund

I’ve heard this three times today so I’ll post this.  I need to do more research… but if true…. OH BOY!


“However,” look at me. “However, it is not subject to the enforcement provisions of subtitle F of the Code. The use of liens and seizures otherwise authorized for collection of taxes does not apply to the collection of this penalty. Non-compliance with the personal responsibility requirement to have health coverage is not subject to criminal or civil penalties under the Code and interest does not accrue for failure to pay [the fine] in a timely manner.”

Therefore, the only way that they can collect the penalty or the fine is by taking money from your refund.  If you are not owed a refund, they cannot get money from you.  They can’t issue a lien.  They can’t garnish your wages.  They can’t use any of the normal procedures available to them if you owe them money, even though the Supreme Court has said it’s a tax.  So for those of us — I mean, folks, I’m in fat city.  I’m in fat city because I always structure to where I owe money.  Well, not entirely.  There have been years.  But if you structure your taxes so that you do not get a refund, you do not have to buy insurance and you do not have to pay a fine ’cause they can’t collect it from you if you don’t have a refund due.  And that is just another nail in the coffin of Obamacare imploding on itself.

CALLER:  Right.  Well, I think you’re wrong.  And the reason I say that is here you have a Congress that broke the law by the 28th amendment that states that they should pass no laws on the people that they won’t do themselves, and here they exempt themselves on Obamacare.  So what makes people think that they won’t just go into the checking accounts anyway and just take the money?

RUSH:  Well, now, that’s an entirely different thing.  I don’t disagree with you. Obama just broke the law yesterday by granting six weeks more time to sign up for Obamacare.  He can’t do that, unless nobody stops him.  I mean, people are gonna do criminal things.  Even the law says you can’t rob a bank, people are gonna do it, and especially if you let them, and if you don’t try to catch them and hold ’em accountable.  And nobody does with Obama.

So I know what you’re saying. The law says that the IRS cannot collect a fine or penalty from you unless you are owed a refund and they can take it out of that.  If you’re not owed a refund, they can’t fine you or penalize you or tax you.  Old Gary here is saying, “That’s not gonna stop them.  If they wanna fine you, they’ll go put a lien on your bank account and get it.”  But Gary, the law says they can’t.  When’s that stopped ’em, is Gary’s point.  I’m not arguing.  I’m just telling you what Obamacare says.


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