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Dems Run Away From Obamacare Penalty They Imposed; New Enrollment Session Added


I’ve hinted that the Obama Administration and Democrats are now worrying about the backlash regarding the Obamacare penalty. This is the first year Americans who did not purchase health insurance will have to confront it on their tax bill. Byron York over at the Washington Examiner did a great job discussing the politics of the penalty as well as the new “special enrollment period” that will open up at tax-filing time.

“The Democrats who wrote and passed the Affordable Care Act were sure of two things: The law had to include a mandate requiring every American to purchase health insurance, and it had to have an enforcement mechanism to make the mandate work. Enforcement has always been at the heart of Obamacare.

Now, though, enforcement time has come, and some Democrats are shying away from the coercive measures they themselves wrote into law.

The Internal Revenue Service is the enforcement arm of Obamacare, and with tax forms due April 15, Americans who did not purchase coverage and who have not received one of the many exemptions already offered by the administration are discovering they will have to pay a substantial fine. For a household with, say, no kids and two earners making $35,000 a piece, the fine will be $500, paid at tax time.

That’s already a fact. What is particularly worrisome to Democrats now is that, as those taxpayers discover the penalty they owe, they will already be racking up a new, higher penalty for 2015. This year, the fine for not obeying Obamacare’s edict is $325 per adult, or two percent of income above the filing threshold, whichever is higher. So that couple making $35,000 a year each will have to pay $1,000.

There’s another problem. The administration’s enrollment period just ended on February 15. So if people haven’t signed up for Obamacare already, they’ll be stuck paying the higher penalty for 2015.

By the way, Democrats don’t like to call the Obamacare penalty a penalty; its official name is the Shared Responsibility Payment. But the fact is, the lawmakers’ intent in levying the fines was to make it so painful for the average American to ignore Obamacare that he or she will ultimately knuckle under and do as instructed.

Except that it’s easier to inflict theoretical pain than actual pain. Tax filing season is enlightening many Americans for the first time about the “mechanics involved” in Obamacare’s fee structure, Democratic Rep. Lloyd Doggett wrote to the Centers for Medicare and Medicaid Services on December 29. ‘Many taxpayers will see the financial consequences of their decision not to enroll in health insurance for the first time when they make the Shared Responsibility Payment.’

That is why Doggett, who has since been joined by fellow Democratic Reps. Sander Levin and Jim McDermott, asked the administration to create a new signup period for anyone who claims ignorance of the penalty. On Friday, the administration complied, creating a “special enrollment period” from March 15 to April 30.

To be eligible, according to an administration press release, people will have to “attest that they first became aware of, or understood the implications of, the Shared Responsibility Payment after the end of open enrollment … in connection with preparing their 2014 taxes.”

It’s not the most stringent standard: Just say you didn’t know. But even with that low bar, a significant number of Americans will decide not to enroll in Obamacare. For some, it’s the result of a financial calculation; paying the fine is cheaper than complying. Others are unaware. Maybe a few are just defiant.

Whatever the reasons, quite a few people will be hit with the penalty; Doggett and his Democratic colleagues subscribe to the Treasury Department’s estimate that somewhere between three million and six million Americans will have to pay the Obamacare penalty on the tax forms they’re filing now. Many will owe more next year, when the penalty goes even higher in 2016.

The individual mandate has always been extremely unpopular. In December 2014, just a couple of months ago, the Kaiser Family Foundation found that 64 percent of those surveyed don’t like the mandate. The level of disapproval has been pretty consistent since the law was passed.

And there’s very little chance the individual mandate’s approval numbers will improve, now that millions of Americans are getting a taste of what it really means. They’re learning an essential truth of Obamacare, which is that if you don’t sign up, the IRS will make you pay. No matter how much some Democrats would like to soften the blow they have delivered to the American people, that’s the truth about Obamacare.”

The Obamacare Penalty Fee For Your 2014 Tax Filing


If you are one of the millions of Americans who declined health insurance and decided to pay the fee tax fine penalty, be aware that it will be a part of your 2014 tax calculations — and beyond.

The penalty is officially called the “shared responsibility payment”. This is on U.S. Individual Income Tax Return for 2014, Form 1040, line 61; OR Form 1040A, line 38; OR Form 1040EZ, line 11. The instructions to calculate that are here, on page 5.

The penalty for 2014 is relatively cheap in order to transition Obamacare into your life. Be aware, however, that next year and in subsequent years, the penalty goes up swiftly — pressuring you to get a health insurance plan or else pay the piper.

Here’s how it works:

“Beginning in 2014, absent a qualified exemption, you will be required to obtain health insurance. If you fail to comply, you will be subject to a penalty of 1.0% of your annual income or $95.00, whichever is greater.

In 2015, the penalty increases to the greater of 2.0% of annual income or $325 per person. The following year it becomes the greater of 2.5% of income or $695 per person. After 2016, it will be indexed to the cost of living.

It should also be noted that the maximum penalty is capped at three times the per person penalty. For example, if you earn $28,500 in 2014, 1.0% of your income would equal $285. Therefore, if you earn more than this, your maximum penalty would remain the same. All penalties will be due and payable with your annual federal income tax return. Hence, the penalty for 2014 would be due by April 15, 2015 and the IRS will be the collection agency used.”

The method of assessing and collection the fee is through the Internal Revenue Service (IRS). The fee will be collected by deducting its cost from a person’s tax refund. But for those who don’t get a refund, the IRS isn’t allowed to demand payment either, so it is unclear how those fees will be attained. This ambiguity also leads to further questions about how Obamacare is being actually being paid for (as the penalty is one of the revenues to help offset the costs).”

Not sure if you qualify for an exemption to maintain qualified coverage? The IRS rules allow an exemption if you:

–Have no affordable coverage options because the minimum amount you must pay for the annual premiums is more than eight percent of your household income, OR

–Have a gap in coverage for less than three consecutive months, OR

–Qualify for an exemption for one of several other reasons, including having a hardship that prevents you from obtaining coverage, or belonging to a group explicitly exempt from the requirement.

Interestingly, Sylvia Burwell, the Secretary of Health and Human Services, indicated today that “that the administration might offer some enrollment flexibility around the April 15 tax deadline, so that people who suddenly realize they face a penalty for remaining uninsured could have an opportunity to remedy that.” Burwell, however, did not offer any specifics of what that flexibility might look like.

Sunday, February 15 is the Obamacare enrollment deadline. The CBO lowered its target for this year, from 13 million paid enrollees, to 9.1 paid enrollees. According to the latest figures which combine “HHS data on enrollment through HealthCare.gov and the 14 state-run exchanges, more than 10 million people had signed up as of earlier this month. That means they’d selected a plan, but many still have to make their first premium payment to get covered. Inevitably, some won’t do that.” Also note, New York announced today that citizens have an extended enrollment deadline until February 28 to enroll in Obamacare coverage on the state exchange.

Last year, 6.7 million people paid for Obamacare coverage, a number far fewer than Administration officials predicted when Obamacare began in October 2013.

What Information Is On the Obamacare Tax Form 1095a?


Since there seems to be increased interest, and confusion, regarding tax filing and Obamacare this year, it is worth it add some more information to help navigate the process.

The IRS Tax Form 1095a is officially known as the “Health Insurance Marketplace Statement”. If a household member or members enrolled in a healthcare plan through a state or federal exchange, you will receive a 1095a in the mail by early February. You cannot file your taxes without it. It contains information regarding your coverage, such as the number of people enrolled in a marketplace plan, and the dates of effective coverage.

Please note: you will not receive a Form 1095a if you have health coverage through a job or through programs such as Medicaid, Medicare, or the Children’s Health Insurance Program (CHIP).

What you will see on a Form 1095a?

–The form will have information about every member of your household who received Obamacare coverage in 2014. Each person will be listed separately.

–The form will list month-by-month, the amount you paid for your health insurance premium. Each person will be listed separately.

–The form will provide the amount of the “premium tax credits” you received in 2014. They are also called “advanced payments”. This amount is what lowered your monthly premiums, and was calculated based upon income information you provided when you enrolled.

–The form will list the cost of a “benchmark” premium that your premium tax credit is based on. This was the second-lowest cost silver plan, and was considered the “benchmark” to determine subsidies for lower- and moderate-income earners who enrolled in Obamacare.

Why is the 1095a necessary?

The 1095a is your PROOF OF INSURANCE. It contains all the information you need to fill out your form 8965, which is the Premium Tax Credit form. The 8962 Form is a worksheet, whose calculation gets recorded on your 2014 Tax Return.

The main point of all of these forms is really the Premium Tax Credit portion. Remember, 85% of Obamacare enrollees received some sort of subsidy, which is properly known to the IRS as a “Premium Tax Credit”. But most people opted not to receive their tax credit at tax filing time (now). They received it in advance, during 2014, in the form of monthly amounts that were credited against the monthly healthcare premium costs. These advance payments lowered the monthly cost of insurance.

The credit was tabulated based on estimated income information furnished during the application process. But because income situations can change over the course of a year (remember you enrolled at the beginning of 2014), the IRS requires you to re-calculate your income again at tax time (now), and match it against the amount and information you provided when you enrolled.

Since your Premium Tax Credit was based upon estimated income amounts, the amount you were eligible to receive as a tax credit may be higher or lower than what you actually did receive. So, using the information you receive on your 1095a about your household and your payments and your subsidies, you then fill out the Form 8962 to calculate the ACTUAL amount of tax credit you were eligible for in 2014, and check it against what you received as an advance payment applied to your monthly premium costs. Any differences will be resolved either by either reducing or increasing your tax credit amount, which will then affect the final amount of taxes due or taxes returned to you.

Also note — if you enrolled in Obamacare, you must fill out Form 8925, which means you cannot file a 1040EZ. You must file a traditional 1040 tax return.

All the information listed above that you will see on the 1095a is important. If there are any errors, it is imperative that you contact the Obamacare marketplace immediately to resolve the inconsistencies before you file your taxes.

Obamacare Forms: 1095A, 8962, and Deadlines


This year, taxes will get extra tricky, because filers will be required to account for their health insurance on their forms. There are four ways to do so:

1) For taxpayers who do not have Obamacare, the process is simple: check a box indicating you have insurance. This is U.S. Individual Income Tax Return for 2014, line 61

2) If a person opted not to have any insurance, he or she needs to pay the fine/tax, which has been named the “shared responsibility payment”. This is on U.S. Individual Income Tax Return for 2014, Form 1040, line 61; Form 1040A, line 38; or Form 1040EZ, line 11. The instructions to calculate that are here, on page 5.

3) If you have a Marketplace-granted coverage exemption or you are claiming a coverage exemption on your return, fill out form 8965, and mark it on the U.S. Individual Income Tax Return for 2014, Form 1040, line 62.

4) For those who enrolled in an Obamacare plan through the Marketplace, they will have a more comprehensive section and required forms. Here’s the crucial information you need to know about the Form 1095 (Health Insurance Marketplace Statement) and the Form 8962 (Premium Tax Credit, or PTC).

The 1095a

First — please note, you must have the 1095a form to file your Premium Tax Credit form. If you are filing the Premium Tax Credit form, you can’t file a 1040 EZ form and will need to file a traditional 1040.

Now, the 1095a is a form that will be mailed to each household who enrolled in an Obamacare health insurance exchanges plan, whether it was for your state or it was a federal marketplace. The IRS is very clear: This is your proof of insurance.

The 1095a forms were supposed have arrived by January 31, the same date as W-2s and 1099s, but now it seems the new date is Feb. 2nd. You should also be able to download the 1095a form for your household from the exchange website.

The 8962

Unfortunately, the Obamacare tax form you’ll get from your health-insurance provider won’t have all of the information you’ll need to report to the IRS. The Premium Tax Credit Form (8962), requires you to refer to your adjusted gross income on your tax return, as well as looking up the appropriate federal poverty line figure for your state. In addition, you’ll need to do many of the calculations to compare the information you provide from Form 1095a with other tax information from elsewhere on your return.”

Why do I need a form for a form?

When you applied for Obamacare coverage, you estimated your earnings for 2014. The exchange used that figure to calculate your Obamacare credit/subsidy. But, things change with income and households. Therefore, the 8962 is a worksheet to calculate the income amount again based on what you actually made in 2014; and if the figures do not match, your credit amount will have to be adjusted.

In order to be extraordinarily helpful to taxpayers wrestling with how to properly file their taxes and include their health insurance information, the IRS has published a 21 page primer. You can view the 21 pages of instructions here. This has links to three long forms and nine tip sheets.

Good luck, everyone!

IRS Budget Cuts: The Good, the Bad, and the Ugly


Budget cuts to the IRS will be impacting citizens more drastically this year. The Taxpayer Advocate, Nina Olsen, painted a bleak picture for filing season and beyond in her annual report to Congress.

The Good:
— The number of audits will decline.

The Bad:
— Technology upgrades will be delayed, although the Commissioner, John Koskinen, is “reasonably confident — very confident” that upgrades needed to handle Obamacare related information has been successfully completed.

The Ugly:
— If you call, it is likely that only half of the estimated 100 million people will ever reach an IRS agent on the other end.

— Hold times will exceed 30 minutes or more.

— Low-income taxpayers will no longer receive assistance to fill out their tax return paperwork from the IRS.

— Processing a tax return filed by paper will ensure tax refunds will be delayed.

The option to leave a voicemail to request an appointment face-to-face at a local office has been removed, instead instructing taxpayers to “send an email” (though not everyone has email).

— The IRS is mandated to provide callers with the option to speak to a live person on its helplines, but would not even clarify to the Taxpayer Advocate which lines are designated helplines when calling in.

The IRS budget was reduced by nearly $350 million for this fiscal year. Commissioner Koskinen claims the “agency’s $10.9 billion budget is its lowest since 2008. When adjusted for inflation, the budget hasn’t been this low since 1998.” Employees may even face a two-day furlough. You almost feel bad for the guy. Almost.

Don’t forget, the IRS had requested a $1 billion increase in order to hire another 6,700 agents to assist with Obamacare compliance. That was on top of the already extra $1.5 billion the IRS budget had received in recent, prior years, along with 1,200 new agents.

To be sure, the IRS has kindly provided increased information on its website for taxpayers and tax preparers, including a section dedicated to Obamacare compliance, in an effort to cut down on phone calls. I’m sure that particularly helps all the people without ready access to the internet.

The bottom line seems to be: do not call the IRS anymore unless it is absolutely necessary.

Obamacare and Tax Returns: 21 Helpful Pages of IRS Filing Instructions


The IRS is getting ready for Obamacare to be accounted for by every citizen. For completing this section of your tax form, the IRS has published 21 pages of instructions, as well as long forms and tip sheets.

For Americans who do not have Obamacare, the process is simple: check a box indicating you have insurance. For those who enrolled in an Obamacare plan through the Marketplace, they will have a more comprehensive section. If a person opted not to have any insurance, he or she needs to pay the fine/tax, which has been named the “shared responsibility payment”.

Additionally, if you are an Obamacare enrollee, you will not be able to file your taxes until you receive a new Obamacare form, the 1095A. The proposed deadline to send out the forms is January 31, 2015, which also coincides with the date that employers must issue W-2 to their employees.

Form 1095A is necessary; filers need the forms to calculate whether they received the correct subsidy from the government, or if they owe money to cover a difference. If they owe money, that amount will be deducted from any anticipated returns.

Thinking Ahead For the Twilight Years


They say March comes in like a lion and goes out like a lamb. That expression is also applicable to persons in their 80s — they go in like a lion and out like a lamb. As they start going along in those years, their ability to discern and filter out the problematic elements of society become worn down.

We see the elderly become more vulnerable to Nigeria scams, people selling them bad investments, being taken advantage of on the streets. It is incumbent for children, therefore, to protect their parents. They must think about their parents’ style of living as well as their physical and mental capabilities — preferably in advance.

As an accountant, I typically see three styles of living for older folks:

1) Independent — As parents get older, they try to work out a simple living situation. They will find a small, basic home to live in, usually comprised of one floor and no stairs, and relatively inexpensive. The parent wants to live on his or her own which opens the person up to some vulnerability, but hopefully the parents have a decent support network

2) Shared space — Here is the situation where a parent moves in with one of their children. Depending on the capacity of the parent, he or she can either contribute as a grandparent, or else carry along medical issues that will impact the household.

3) The independent living facility — This is a growing movement, which, in many ways, is also starting to become the best choice for many. With this type of facility, costs are not exceedingly expensive, and the ability to have medical help nearby as needed is usually seen as a huge benefit.

Whatever the case may be for choosing a particular living situation over another, it is imperative for everyone involved to plan in advance. Often it becomes too late and untenable to move a parent out into a home or an independent living facility because the parent, in their advanced age, does not or cannot make such a life altering change without difficulty, resentment, and confusion.

As people are living longer and more productive lives, the need to plan for the advanced years is best done early on, with everyone involved in conversations and calculations. There is no one-sized-fits-all approach, but whatever decision is made, should be a well-thought out plan that takes into account both dignity and finances.

Another Obamacare Cost: The Penalty Fee is Coming


If you are one of the millions of Americans who declined health insurance and decided to pay the fee tax fine penalty, be aware that it will be a part of your 2014 tax calculations. The penalty for 2014 is relatively cheap, a means to transition Obamacare into your life, but next year and subsequent years, the penalty goes up swiftly — pressuring you to get a health insurance plan or else pay a somewhat hefty price.

Here’s how it works:

“Beginning in 2014, absent a qualified exemption, you will be required to obtain health insurance. If you fail to comply, you will be subject to a penalty of 1.0% of your annual income or $95.00, whichever is greater. In 2015, the penalty increases to the greater of 2.0% of annual income or $325 per person. The following year it becomes the greater of 2.5% of income or $695 per person. After 2016, it will be indexed to the cost of living. It should also be noted that the maximum penalty is capped at three times the per person penalty. For example, if you earn $28,500 in 2014, 1.0% of your income would equal $285. Therefore, if you earn more than this, your maximum penalty would remain the same. All penalties will be due and payable with your annual federal income tax return. Hence, the penalty for 2014 would be due by April 15, 2015 and the IRS will be the collection agency used.”

The method of assessing and collection the fee is through the Internal Revenue Service (IRS). The fee will be collected by deducting its cost from a person’s tax refund. But for those who don’t get a refund, the IRS isn’t allowed to demand payment either, so it is unclear how those fees will be attained. This ambiguity also leads to further questions about how Obamacare is being actually being paid for (as the penalty is one of the revenues to help offset the costs).

“For Americans unsure how the mandate applies to them, there’s plenty of information available from the government itself and from many third-party web sites. The law was designed to make it cheaper for most people to buy insurance than pay the penalty fee, which rises from $95 per person or 1% of your income (whichever is greater) in 2014, to $325 per person or 2% of your income in 2015. (In 2015, the maximum penalty is the national average premium for a bronze plan.)”

Don’t forget too: if you are an Obamacare user, you will have to file an extra form with your taxes, the 1095A. The IRS has a working draft on the form, but doesn’t yet include the instructions on how to calculate the proper subsidy amount. This could potentially cause issues for those who wish to file their taxes right away, because they will have to wait until they receive their form in the mail from the government. To learn more, read here.

Treasury Issues $1 Trillion in New Debt to Pay Off Old Debt, Despite Record Revenue

Even though the government is bringing in record revenue, its spending is still outpacing its intake. CNS News did an analysis of Treasury Statements, and revealed that the Department of Treasury is currently operating like a Ponzi scheme:

“The Daily Treasury Statement that was released Wednesday afternoon as Americans were preparing to celebrate Thanksgiving revealed that the U.S. Treasury has been forced to issue $1,040,965,000,000 in new debt since fiscal 2015 started just eight weeks ago in order to raise the money to pay off Treasury securities that were maturing and to cover new deficit spending by the government.

During those eight weeks, Treasury took in $341,591,000,000 in revenues. That was a record for the period between Oct. 1 and Nov. 25. But that record $341,591,000,000 in revenues was not enough to finance ongoing government spending let alone pay off old debt that matured.”

During the 8 weeks since the start of the fiscal year, the Treasury brought in revenue of $341,591,000,000. However, old debt was maturing. In order to cover the old debt plus finance the government, it was forced to issue new debt. There was $942,103,000,000 in old debt. To cover its obligations, the government had to “roll over the old debt into new debt and issue enough additional new debt to cover the new deficit spending”.

CNS News explains how the debt occurred so quickly. “The vast amount of debt that the Treasury must roll over in such a short time frame is driven by the fact the Treasury has put most of the debt into short-term “bills” and mid-term “notes”—on which it can pay lower interest rates—rather than into long-term bonds, which demand significantly higher interest rates….If the Treasury were forced to convert the $1.4 trillion in short-term bills (on which it now pays an average interest rate of 0.056 percent) into 30-year bonds at the average rate it is now paying on such bonds (4.919 percent) the interest on that $1.4 trillion in debt would increase 88-fold.”

If the private company operated in this manner, you can be sure the Securities and Exchange Commission would be after them for fraud. But when its the government, all bets are off.