Saturday, April 03, 2010

FactCheck.org: IRS Will Not Need to Hire 16,500 New Agents to Enforce ObamaCare

From FactCheck.org via Tax Prof:

Q: Will the IRS hire 16,500 new agents to enforce the health care law?

A: No. The law requires the IRS mostly to hand out tax credits, not collect penalties. The claim of 16,500 new agents stems from a partisan analysis based on guesswork and false assumptions, and compounded by outright misrepresentation. ...

The IRS’ first task is to inform many small-business owners of a new tax credit that the new law grants them — starting this year — which will pay up to 35 percent of the employer’s contribution toward their workers’ health insurance. And in 2014, the IRS will also be administering additional subsidies — in the form of refundable tax credits — to help millions of low- and middle-income individuals buy health insurance.

The law does make individuals subject to a tax, starting in 2014, if they fail to obtain health insurance coverage. But IRS Commissioner Douglas Shulman testified before a hearing of the House Ways and Means Committee March 25 that the IRS won’t be auditing individuals to certify that they have obtained health insurance. He said insurance companies will issue forms certifying that individuals have coverage that meets the federal mandate, similar to a form that lenders use to verify the amount of interest someone has paid on their home mortgage. "We expect to get a simple form, that we won’t look behind, that says this person has acceptable health coverage," Shulman said. "So there’s not going to be any discussions about health coverage with an IRS employee." In any case, the bill signed into law (on page 131) specifically prohibits the IRS from using the liens and levies commonly used to collect money owed by delinquent taxpayers, and rules out any criminal penalties for individuals who refuse to pay the tax or those who don’t obtain coverage. That doesn’t leave a lot for IRS enforcers to do.

Honestly, this is a lot speculation surrounding the new health care bill, there are many questions that are simply unable to be answered until some of the provisions of the new law actually begin to play out. It is great to check out the source of the information before you buy 100 percent in to the information. The bottom line is: although, they did not ask for this job, the IRS will act as enforcer of this bill so if you are not able to report to them that you are in compliance with the specifics of this law, you will face tax penalties.

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