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NYT: Affordable Care Act Becoming Unaffordable

In an effort to encourage people to sign up for the Affordable Care Act, the Obama Administration has boosted the low cost of premiums — the part that is subsidized. What they aren’t mentioning is that in exchange for low monthly costs, enrollees face high deductible costs.

“Most Americans will find an option that costs less than $75 a month,” President Obama said. Additionally, Sylvia Mathews Burwell, the Secretary of Health and Human Services, issued a report analyzing premiums in the 38 states that use HealthCare.gov. “Eight out of 10 returning consumers will be able to buy a plan with premiums less than $100 a month after tax credits,” she said.”

The trade-off for low-ish premiums means that many Obamacare plans have high deductibles. “The Internal Revenue Service defines a high-deductible health plan as one with an annual deductible of at least $1,300 for individual coverage or $2,600 for family coverage.”

But in many states, deductibles are even higher than that. According to Hot Air, “in many states, more than half the plans offered for sale through HealthCare.gov, the federal online marketplace, have a deductible of $3,000 or more. Once you add in several hundred dollars per month for your plan premium, a rate that may or may not be lower than it used to be and add in a $3,000 or more deductible, the average individual could be paying over $5,000 out of pocket in a year before their ‘affordable’ insurance kicks in. This is true for employer sponsored plans as well.”

These costs are exorbitant for working class families. If they are already needing to seek health insurance and subsidies through the Obamacare exchanges, how can they possibly have the capability to find several extra thousand dollars in their budgets in order to pay out-of-pocket costs to meet their deductibles before their insurance really kicks in. With unemployment high and wages flat, these rising deductibles (and also premiums in many cases) hit Americans hard.

And don’t forget, plans purchased are for 2016. The Obamacare penalty fee continues to ramp up for those who decide to forgo health insurance coverage entirely for this coming year. Those considering opting should be reminded of what the financial costs will be to do so.

Your penalty tax is the greater of either 1) a flat-dollar amount based on the number of uninsured people in your household; or 2) a percentage of your income. If you are able to go by the flat-dollar amount, the fee increases to $695 in 2016 plus half that amount for each uninsured child under age 18. Your total household penalty is capped at three times the adult rate. If you qualify for the percentage of your income, it is 2.5% for this coming year.

It is increasingly clear as we continue along the path of the Affordable Care Act that this legislation truly is not affordable.

Paying For TAA Through Tax Penalties

One of the major sticking points regarding the free trade talks is a portion known as TAA, or “Trade Adjustment Assistance”. “The Trade Adjustment Assistance (TAA) Program is a federal program that provides a path for employment growth and opportunity through aid to US workers who have lost their jobs as a result of foreign trade,” and this program is slated to expire at the end of September, unless Congress reauthorizes is. The funding source for the new TAA bill, as passed by the Senate last month, is a $700 million reduction to Medicare funding. But the vote neared, the pressure to change the funding source and spare Medicare reached a crescendo.

An alternative funding solution was prepared, one that is particularly odious. TAA, if passed, will be financed by “raising the penalties for misfiled taxes”.

Here’s how it would work. As it stands now, small businesses who pay independent contractor/freelancers are supposed to report that income to the IRS using a 1099 form. Another copy of that form goes to the contractor/freelancer. If a small business files all their forms past the deadline or not at all, it receives a fine. The new proposal, “would double and triple these fines.”

This merely serves to empower the IRS, who frankly, is the last arm of the government who deserves increased power right now. Because this measure specifically creates an incentive to raise revenue for the express purpose of funding another government program, you can be sure the IRS will be incentivized to pay closer attention to our small businesses and pounce on paperwork error.

This proposal is reminiscent of the program that was approved as a revenue raiser for Obamacare a few years ago. Congress initially voted to increase the fines meted out for small businesses who did not file a 1099 for anyone paid a mere $600 or more in a calendar year, but the backlash was so great, that Congress appealed it before the law took effect. Though this new gimmick is not quite the same, it is equally abhorrent.

The underlying assumption is that there are enough businesses who don’t file, or misfile all their forms, so they deserved to be penalized even more by substantially increasing compliance fines – all for the express purpose of funding something else by the government. Instead of the government making spending cuts to existing programs in order the TAA program alive, it chooses to target the private sector again for more money.

Congress has a deadline of July 30th to re-vote on the TAA bill. If it plans to re-authorize the program, perhaps it will find a better way to fund it than off of the backs of small businesses.

Christie’s Tax and Growth Plan

As Chris Christie is still contemplating a 2016 presidential run, he recently posited a tax reform plan that differentiated himself from many of the other possible contenders. His platform was comprised of several points, such as: lower tax margins, reforming regulation,and eliminating payroll taxes for some earners. The last major tax code overhaul was the 1986 IRC reforms under President Reagan.

With regard to lowering tax margins, Christie proposed a true tax cut for both individual and corporate rates. Christie’s pan brings the top marginal rate to 28% from its current 39.6% for highest earners. His bottom rate would be less than 10% with just one more rate in the middle. Christie also proposes lowering the corporate tax rate from 35% to 25%. Currently, we have the highest corporate tax rate in the world. This would give businesses a much-needed boost.

Another part of this plan goes after regulation. Christie nails it when he stated, “Regulation must be rational, cost-based and used only to implement actions that are explicitly authorized by statute. This era in which an ideological administration tries to accomplish through the regulatory state what it didn’t have the votes to accomplish in the duly elected Congress must end.” The brutal, overbearing regulatory environment that currently exists is often overlooked, and I applaud Christie for bringing attention to it.

Christie also examines the payroll tax, calling for its elimination for those over 62 and under 21, which would “reduce the marginal cost to the employee of taking a job, and reduce the federally imposed cost to an employer of hiring someone.” It is an incentive for older workers to continue working and younger workers to start. With the workforce participation rates at all-time lows, this is a pro-growth approach.

Other tenets of his plan include increasing investment in R&D and developing a more sensible national energy plan, such as building the Keystone pipeline. It is revenue-neutral, meaning the tax cut side will be offset by modifying or eliminating many of the tax credits and deductions that riddle the tax code, making it much more simplified. Keenly aware of the cherished mortgage deduction and charitable contribution deduction, Christie makes those basically off-limits, but the rest of them could be fair game.

Christie has yet to decide and announce if he is actually running, but his ideas provide good fodder for, and comparison to, the other current candidates. Some have called for a Flat Tax, while others champion a national sales tax. Tax code reform is overdue and necessary, and should be a centerpiece of any serious candidate for 2016. Overall, Christie’s plan is fairly sensible and growth-oriented. Now if he would only fix his entitlement reform policies!

More Burdensome Tax Compliance For Expats

If you are an American living abroad — dubbed an “expat” — you are still expected to pay income taxes and file income tax reports to the IRS. The United States is the only country in the world that has this requirement and it is mandatory until and unless one renounces citizenship.

Being an expat in recent years has become more difficult. In 2010, Congress passed FATCA, which was enacted as a means to find foreign accounts of US taxpayers (such as a Swiss bank account). Overseas banks must also report to the IRS any bank accounts held by Americans; this has led to the unintended consequence of many banks choosing not to service expats because of the additional headache for the particular financial institution.

And now compliance has become even more onerous for expats. The IRS has announced the permanent closing its three remaining walk-in offices at the U.S. embassies in London, Paris, and Frankfurt, by the end of the fiscal year. Taxpayers abroad are expected to use the internet for all their tax needs. But woe to the international taxpayer who makes a filing mistake; you can be sure that the IRS will levy hefty fines.

Furthermore, even more simple transactions will be impacted by the office closings:

“For foreign citizens who need an Individual Taxpayer Identification Number (ITIN) to do things like sell property in the U.S. or claim dependents on a U.S. tax return, the process could be even more difficult. Ms. Otto, the accountant, says that when she was based in France, foreigners could get an ITIN by getting a notarized copy of their passport and submitting that with an ITIN application to the IRS at the embassy locations abroad.

But now foreigners who need an ITIN have to mail their passport to an IRS office in the U.S. for verification. “What person in his right mind is going to mail his passport to the IRS?” she asks.”

The number of taxpayers living abroad has grown substantially in the last five years, with some estimates as much as a 50% increase. It is certainly not a time to reduce services to our overseas Americans. However, the IRS sees fit to protest budget cuts by doing that — just not just abroad, but in all facets of customer service to taxpayers.

*To get an idea of tax compliance for expats, check out this very good, comprehensive list of important forms below

Common Overseas Tax Forms

Form 2555 & 2555- EZ: These forms are for calculating your Foreign Earned Income Exclusion (FEIE) and to calculate your Foreign Housing Exclusion or Deduction. If you meet certain foreign residency requirements, you may be able to exclude up to $99,200 of earned income in 2014 and a portion of your foreign housing expenses from U.S. income tax. Note that this exclusion does not apply to self-employment taxes. If you are self-employed abroad, you are still subject to U.S. Social Security taxes unless you live in one of the 25 countries with which the U.S. has a Social Security Totalization Agreement. The FEIE is generally advantageous to use when income tax rates in the foreign country are lower than in the U.S. and/or your total earned income is below the exclusion threshold.

Form 1116: This is the Foreign Tax Credit form and it is used to claim a credit against your U.S. income tax for income taxes paid in the foreign country. This credit applies both to foreign earned income (wages, self-employment income, etc.) and unearned income (interest, dividends, capital gains, rents, etc.). This is generally the most beneficial form to use for residents of countries with high income tax rates, those with children eligible for the additional child tax credit and those interested in contributing to U.S. retirement plans (traditional and Roth IRAs, SEPs, solo 401(k)s, etc.)

FBAR Form FinCEN 114: This form is independent of the tax return and a separate filing requirement. The FBAR applies to any U.S. person who owns, has beneficial interest or signature authority over foreign financial accounts that exceed $10,000 in the aggregate in value at any time during the year. If you have any foreign bank accounts, this also has to be disclosed on Part III of Schedule B, whether the FBAR is required to be filed or not. FinCEN 114 must be e-filed and cannot be mailed, with the absolute filing deadline on June 30, with no extension possible.

Form 8938: This form, also known as the Fatca form, is used to report Specified Foreign Financial Assets and the income derived from them. There is some overlap with the FinCEN 114 Form (FBAR), but the filing thresholds are higher, and depend on the taxpayer’s residency and marriage status, with different thresholds for the highest value reached during the year and on the last day of the year. These thresholds range from a low of $50,000 to a high of $600,000.

Other Overseas Tax Forms

Not every tax preparer will be familiar with the forms described below. If any of these forms apply to your situation, you will need to make sure that your preparer is qualified to do the work. Many of these forms are quite complex and require special training to prepare. The IRS, for example, estimates that each Form 8621 requires almost 17 hours of record-keeping and more than 14 hours to prepare. These are the forms that are most commonly missed or filed with errors. The list that follows is illustrative and not comprehensive:

If you received a gift or inheritance from a foreign person, even though it will generally not be taxable in the U.S., depending on the amount, you may have to report it in Form 3520. This form is also used to report transactions that you had with foreign trusts. If you are grantor in a foreign trust, you are likely required to file Form 3520-A in addition to form 3520.

If you run your own business in a foreign country, you may have established a company to conduct your business. Depending on the entity’s classification for U.S. tax purposes, which will be a corporation by default or will depend on the classification election made through Form 8832, you may be required to file Form 8858 if the entity is disregarded; Form 5471 if the entity is classified as a corporation; or Form 8865 if classified as a partnership. Transactions between you and your foreign company may have to be reported on Form 926.

If you live in a country with which the U.S. has an income tax convention, you may be entitled to certain treaty benefits with respect to your foreign retirement accounts, re-sourcing of certain U.S. source income to avoid double taxation, taxation of foreign social security, etc. The treaty-based positions taken in your return may have to be disclosed in Form 8833.

If you have a brokerage account or other investments (including some foreign retirement accounts) in a foreign country, these investments may be classified as Passive Foreign Investment Companies or PFICs, which are subject to special tax rules that are generally unfavorable in nature. Most foreign mutual funds and ETFs are classified as PFICS. Each PFIC you own is reported on a separate Form 8621.
Other forms that could also apply to your situation include Form 5173: Transfer Certificate which is issued by the IRS upon the death of an American citizen overseas, and is a discharge form confirming that all taxes had been paid and which is often required by banks and brokerage firms to release funds to the estate; Form 5472 for certain U.S. corporations with 25% foreign ownership and certain foreign corporations engaged in a U.S. trade or business; and Form 720, Quarterly Excise Tax Return, to report and pay excise taxes on certain foreign life insurance premiums.

Common Tax Forms – With Some Overseas Components

The following forms are common for U.S. taxpayers but also have some international elements to be aware of:

1040: Ultimately all of your income (foreign and domestic) should end up on your form 1040. Americans married to non-Americans may be able to us the Head of Household filing status instead of married filing separately. In some cases adding a non-citizen spouse (and their income and assets) to the U.S. tax return can be beneficial. All dependents on the return, must have a U.S. tax ID number.
1040: – Schedule A: Some expenses related to being overseas may be able to be claimed as itemized expenses such as certain foreign taxes, certain moving expenses and travel, mortgage interest, medical and dental expenses etc.

1040: – Schedule B: Part III of Schedule B has information related to foreign trusts and foreign bank accounts. Make sure you check these correctly.

1040: – Schedule C. If you live overseas and are self-employed, you will still have to file a Schedule C. You may be subject to U.S. Social Security though Totalization Agreements may negate the need for paying into U.S. Social Security. You will also generally be able to contribute to a U.S. solo 401(k) or SEP IRA but these may not be tax-deferred in the country where you live and work.

For more information about overseas tax returns, you should check the IRS’s website, which has thousands of pages for your reading pleasure in a section dedicated to International Taxpayers. A good starting point for any new overseas American is Publication 54: Tax Guide for US Citizens and Resident Aliens Abroad.

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.”