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Old 10-07-2013, 06:24 AM
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The following is part of an article by Daisy Luther
October 6th, 2013, published in The Organic Prepper
and SHTFPLAN.com ... read both when you get time.

Editor’s Note: Millions of Americans are trying to figure out what to do following the launch of the Affordable Care Act and its broad implications for our economy, liberty, and our personal financial well being. What if we simply refuse to participate?

Obama’s utter refusal to compromise or delay Obamacare is more than mere political grandstanding. Obama has to prove he can continue to make the payments on the government debt. Now, based on reports we are getting form people who did sign up for Obamacare, they are being offered policies that cost about $500 a month, and have a deductible in the tens of thousands. That means that for the vast majority of Americans, they will be paying $500 month for insurance that will in fact pay none of their medical costs. So, $500 a month is $6000 a year times 200 million complying Americans equals $1.2 trillion a year pouring into the Health Insurance companies as pure profit, of which the US Government gets almost $200 billion in taxes (plus the IRS fines on those who refuse to sign up). And THAT is why Obama is demanding that Obamacare move forward now, despite a totally botched computer management system and despite 71% public opposition. Absent that new cash flow, the US Government will collapse, and the one year delay proposed by the House of Representatives is far to long to survive without some new source of loot from the public.

A man who attempted to sign up for Obamacare online was told that a fine of over $4,000 dollars a year for refusing to take out mandatory health insurance could be taken directly from his bank account, and that his drivers license would be suspended and a federal tax lien placed against his home, according to an entry on the HealthCare.gov Facebook page.

If you refuse to comply, here are some of the potential punishments you could be subject to, according to a Senate research document called The PPACA Penalty Provision and the Internal Revenue Service.

#1. You will be assessed a penalty by the IRS on your tax bill. You will be told to pay the fine and will not receive any retroactive health care coverage – in other words, you get nothing for your money.

If you skip the insurance, you’ll pay a penalty. For 2014 the fine is $95 for an individual or 1 percent of your income, whichever is greater, along with $47.50 per uninsured child, maxing out at $285 for the year.

But by 2016, an individual would pay $695 or 2.5 percent of your income.

The TurboTax website has a calculator to help you determine how high a penalty you’d pay.

Without insurance, you’d also face a double whammy. By 2016 you’d be forking over almost $700 to the federal government and having nothing to show for it, and still have to pay your own medical bills if you’re injured or become ill. (source)

#2. If you, like me, refuse to pay that penalty, they’ll up the stakes by withdrawing the penalty from any tax refund that you are due.

#3. If you aren’t due for a tax refund that they can seize, and you still refuse to pay the penalty, the next step might be for the IRS to pursue the penalty in the same way they would any non-payment of taxes.

Section 5000A(g)(1) of the Internal Revenue Code (IRC) states that “the penalty provided by this section shall be paid upon notice and demand by the Secretary.” Subject to certain exceptions, the penalty is to be assessed and collected in the same way as assessable penalties. Assessable penalties generally are assessed and collected in the same manner as taxes.15 (source)

#4. This could include “silent” liens on your property which you wouldn’t even know about until you tried to sell something big like your home or your car.

Once the tax is assessed, the taxpayer will receive a Notice and Demand for Payment, which will advise the taxpayer of the balance due—the sum of the assessed tax plus interest and applicable penalties—and request payment in full within ten days. If such payment is not made, a federal tax lien will be created under § 6321 of the IRC.18 This is often referred to as a silent lien because, at this point, there has been no notice of federal tax lien (NFTL). Without notice, the IRS’s claim against property still takes priority over most other claims; however, certain claims would be superior to the IRS claim. These include a subsequent purchaser of the property as well as holders of security interests, mechanic’s liens, or judgments, even if they arise later in time.

Generally an individual taxpayer may receive up to 3 more notices requesting payment. The last of these notices is sent by certified mail and is a notice of the IRS’s intent to levy the taxpayer’s assets to satisfy the tax debt. This notice also advises delinquent taxpayers that the IRS may file a NFTL if payment is not made within thirty days. If none of these notices results in payment or a payment arrangement,20 in most cases the account is then transferred to the IRS’s Automated Collection System (ACS) (source)

#5. Next they could potentially empty your bank account and take your property and sell it out from under you.

Thirty days after providing a Final Notice of Intent to Levy and Notice of Your Right to Appeal, the IRS may levy the taxpayer’s property, both real and personal.22 This means that wages may be garnished until the tax is paid in full. All funds in a bank account that are available for withdrawal on the date the levy is received by the bank may be taken.23 In some cases, the IRS may sell property belonging to the taxpayer after providing public notice and advising the taxpayer of the minimum bid price. (source)

#6. No mention is made of taking away your driver’s license, but if you happen to be a federal contractor things could get hairy.

Delinquency in federal taxes is a ground for debarment of a federal contractor. However, debarment is not an automatic process and requires that the contracting agency initiate debarment proceedings against a government contractor. (source)

#7. But maybe they won’t really do it. According to the PPACA, the IRS cannot go further than the silent liens for this particular penalty.

Section 5000A(g)(2) of the IRC limits the means the IRS may employ to collect the penalty established in the section. First, the taxpayer is protected from either criminal prosecution or penalty for failure to pay the penalty. Second, the IRS is prohibited from either filing a NFTL or levying any property in an effort to collect the penalty. There is no prohibition, however, on establishing a statutory lien against the taxpayer’s property under § 6321. No additional limits are placed on the IRS using correspondence or phone calls, either through its own employees or through private collection agencies, in an effort to collect the amount owed. Additionally, no restriction was placed on the IRS’s ability to use the refund offset as a means of collecting the amount due.

Those who are required to pay the penalty for failure to maintain minimum coverage but choose not to do so will be subject to increases in the amount owed due to interest and late payment penalties imposed on the penalty after it has been assessed by the IRS. The IRS may impose interest on tax, including penalties, under § 6601(a), (e)(2), and it may impose penalties under § 6651(a)(3).

A taxpayer who chooses not to pay the required penalty may ultimately forfeit more than the amount ofthe penalty if that taxpayer is ever in the position of having an overpayment to the IRS for any reason, since the refund offset applies not only to overpayments shown on original tax returns, but also to any subsequent adjustments, for example an audit by the IRS that results in an overpayment. Further, as explained above, it is possible that the IRS could present its claim when property is being sold and collect both the original penalty amount along with accrued interest and applicable penalties. (source)

I’m not a lawyer, but it appears to me that, according to this federal document, the absolute worst case scenario is that you would be assessed penalties on your penalties and the only way they could collect those would be if you sold your home or car. The trustworthiness of both the government and the arm of enforcement for this, the IRS, are dubious, but according to the codes that I am reading, that looks like the ultimate allowable collection strong-arm tactic. (You might still want to consider only letting minimum amounts of money remain in your bank accounts, however.)

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