I have often admired the intelligence and persistence of Talmudic Scholars, those wise men who dedicate their lives to understanding the law, Hebrew Law, the law of God. The writings are presented and then discussed, debated, and interpreted. Then the opinions are recorded. In HR 3200 we need the wisdom of a fine group of such men. This is not a statement meant for humor of any type, it is a statement of sincere respect and of desperate need.
There are many blogs out there which a flailing about making statements that have at best questionable merit. I have been spending time reading this bill, slowly and not as well as any scholar, but having been through this process many times before helps but still leaves much in question.
In today's discussion we talk about the IRS becoming the police force for the Health Care Bill, HR 3200, a fact which seems to have been missed. People speak of getting health care from the motor vehicle bureau, but imaging having the IRS oversee your compliance. One agency more feared than the Taliban is the IRS. Never, never, I repeat, never, get the IRS upset. Overpay taxes, avoid deductions, and do whatever to stay away from their tentacles. But alas this Bill places them in the middle as the enforcer. Let me quote from the Bill.
"TITLE III—SHARED RESPONSIBILITY
Subtitle A—Individual Responsibility
SEC. 301. INDIVIDUAL RESPONSIBILITY.
For an individual’s responsibility to obtain acceptable coverage, see section 59B of the Internal Revenue Code of 1986 (as added by section 401 of this Act).
SEC. 322. SATISFACTION OF HEALTH COVERAGE PARTICIPATION REQUIREMENTS UNDER THE INTERNAL REVENUE CODE OF 1986.
(a) FAILURE TO ELECT, OR SUBSTANTIALLY COMPLY WITH, HEALTH COVERAGE PARTICIPATION REQUIREMENTS.—For employment tax on employers who fail to elect, or substantially comply with, the health coverage participation requirements described in part 1, see section 3111(c) of the Internal Revenue Code of 1986 (as added by section 412 of this Act).
(b) OTHER FAILURES.—For excise tax on other failures of electing employers to comply with such requirements, see section 4980H of the Internal Revenue Code of 1986 (as added by section 411 of this Act).
TITLE IV—AMENDMENTS TO INTERNAL REVENUE CODE OF 1986
Subtitle A—Shared Responsibility
PART 1—INDIVIDUAL RESPONSIBILITY
SEC. 401. TAX ON INDIVIDUALS WITHOUT ACCEPTABLE HEALTH CARE COVERAGE.
(a) IN GENERAL.—Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ‘‘Subpart A—Tax on Individuals Without Acceptable Health Care Coverage ‘‘Sec. 59B. Tax on individuals without acceptable health care coverage. ‘‘SEC. 59B. TAX ON INDIVIDUALS WITHOUT ACCEPTABLE HEALTH CARE COVERAGE.
‘‘(a) TAX IMPOSED.—In the case of any individual who does not meet the requirements of subsection (d) at any time during the taxable year, there is hereby imposed a tax equal to 2.5 percent of the excess of—
‘‘(1) the taxpayer’s modified adjusted gross income for the taxable year, over
‘‘(2) the amount of gross income specified in section 6012(a)(1) with respect to the taxpayer.
SEC. 6050X. RETURNS RELATING TO HEALTH INSURANCE COVERAGE.
‘‘(a) REQUIREMENT OF REPORTING.—Every person who provides acceptable coverage (as defined in section 59B(d)) to any individual during any calendar year shall, at such time as the Secretary may prescribe, make the return described in subsection (b) with respect to such individual.
‘‘(b) FORM AND MANNER OF RETURNS.—A return is described in this subsection if such return—
‘‘(1) is in such form as the Secretary may prescribe, and
‘‘(2) contains—
‘‘(A) the name, address, and TIN of the primary insured and the name of each other individual obtaining coverage under the policy,
‘‘(B) the period for which each such individual was provided with the coverage referred to in subsection (a), and
‘‘(C) such other information as the Secretary may require.
‘‘(c) STATEMENTS TO BE FURNISHED TO INDIVIDUALS WITH RESPECT TO WHOM INFORMATION IS REQUIRED.—Every person required to make a return under subsection (a) shall furnish to each primary insured whose name is required to be set forth in such return a written statement showing—
‘‘(1) the name and address of the person required to make such return and the phone number of the information contact for such person, and
‘‘(2) the information required to be shown on the return with respect to such individual. The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made."
Well, what does this say. I think it simply states that the IRS will become the policeman for compliance. You must report your coverage to the IRS, if you do not have any you them must pay a fine, and if you falsely make statements then you are guilty of tax fraud. Remember that the IRS already has rules and regulations to take your property if you defraud them and in addition you have now added to your tax burden. Our Secretary of the Treasury has just gathered more power, and one who himself had problems with the taxes.
One must also remember that the Bill from Congress when signed by the President becomes an authorizing legislation. It authorizes HHS and Treasury Secretaries to them create the Administrative law to enforce this. Administrative law is the billions of lines of law which implement the legislation passed. It is controlled by administrative law judges, not judges and juries, who make non recourse decisions. There are more administrative law judges than civil and criminal judges combined.
This is a shadow judicial system which in many ways flies in the face of the Constitution. The create Star Chambers, a practice which the Constitution eschewed, but via these types of legislation have returned.
It is a shame that we have many bloggers making statements without basis. There are true concerns in this Bill, concerns which need study. Where are the Talmudic Scholars in this realm? It may not be our souls at risk but it is our bodies!
For anyone who has ever been audited, remember, the IRS code is the only US code which assumes you are guilty until you prove you are innocent!
There are many blogs out there which a flailing about making statements that have at best questionable merit. I have been spending time reading this bill, slowly and not as well as any scholar, but having been through this process many times before helps but still leaves much in question.
In today's discussion we talk about the IRS becoming the police force for the Health Care Bill, HR 3200, a fact which seems to have been missed. People speak of getting health care from the motor vehicle bureau, but imaging having the IRS oversee your compliance. One agency more feared than the Taliban is the IRS. Never, never, I repeat, never, get the IRS upset. Overpay taxes, avoid deductions, and do whatever to stay away from their tentacles. But alas this Bill places them in the middle as the enforcer. Let me quote from the Bill.
"TITLE III—SHARED RESPONSIBILITY
Subtitle A—Individual Responsibility
SEC. 301. INDIVIDUAL RESPONSIBILITY.
For an individual’s responsibility to obtain acceptable coverage, see section 59B of the Internal Revenue Code of 1986 (as added by section 401 of this Act).
SEC. 322. SATISFACTION OF HEALTH COVERAGE PARTICIPATION REQUIREMENTS UNDER THE INTERNAL REVENUE CODE OF 1986.
(a) FAILURE TO ELECT, OR SUBSTANTIALLY COMPLY WITH, HEALTH COVERAGE PARTICIPATION REQUIREMENTS.—For employment tax on employers who fail to elect, or substantially comply with, the health coverage participation requirements described in part 1, see section 3111(c) of the Internal Revenue Code of 1986 (as added by section 412 of this Act).
(b) OTHER FAILURES.—For excise tax on other failures of electing employers to comply with such requirements, see section 4980H of the Internal Revenue Code of 1986 (as added by section 411 of this Act).
TITLE IV—AMENDMENTS TO INTERNAL REVENUE CODE OF 1986
Subtitle A—Shared Responsibility
PART 1—INDIVIDUAL RESPONSIBILITY
SEC. 401. TAX ON INDIVIDUALS WITHOUT ACCEPTABLE HEALTH CARE COVERAGE.
(a) IN GENERAL.—Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ‘‘Subpart A—Tax on Individuals Without Acceptable Health Care Coverage ‘‘Sec. 59B. Tax on individuals without acceptable health care coverage. ‘‘SEC. 59B. TAX ON INDIVIDUALS WITHOUT ACCEPTABLE HEALTH CARE COVERAGE.
‘‘(a) TAX IMPOSED.—In the case of any individual who does not meet the requirements of subsection (d) at any time during the taxable year, there is hereby imposed a tax equal to 2.5 percent of the excess of—
‘‘(1) the taxpayer’s modified adjusted gross income for the taxable year, over
‘‘(2) the amount of gross income specified in section 6012(a)(1) with respect to the taxpayer.
SEC. 6050X. RETURNS RELATING TO HEALTH INSURANCE COVERAGE.
‘‘(a) REQUIREMENT OF REPORTING.—Every person who provides acceptable coverage (as defined in section 59B(d)) to any individual during any calendar year shall, at such time as the Secretary may prescribe, make the return described in subsection (b) with respect to such individual.
‘‘(b) FORM AND MANNER OF RETURNS.—A return is described in this subsection if such return—
‘‘(1) is in such form as the Secretary may prescribe, and
‘‘(2) contains—
‘‘(A) the name, address, and TIN of the primary insured and the name of each other individual obtaining coverage under the policy,
‘‘(B) the period for which each such individual was provided with the coverage referred to in subsection (a), and
‘‘(C) such other information as the Secretary may require.
‘‘(c) STATEMENTS TO BE FURNISHED TO INDIVIDUALS WITH RESPECT TO WHOM INFORMATION IS REQUIRED.—Every person required to make a return under subsection (a) shall furnish to each primary insured whose name is required to be set forth in such return a written statement showing—
‘‘(1) the name and address of the person required to make such return and the phone number of the information contact for such person, and
‘‘(2) the information required to be shown on the return with respect to such individual. The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made."
Well, what does this say. I think it simply states that the IRS will become the policeman for compliance. You must report your coverage to the IRS, if you do not have any you them must pay a fine, and if you falsely make statements then you are guilty of tax fraud. Remember that the IRS already has rules and regulations to take your property if you defraud them and in addition you have now added to your tax burden. Our Secretary of the Treasury has just gathered more power, and one who himself had problems with the taxes.
One must also remember that the Bill from Congress when signed by the President becomes an authorizing legislation. It authorizes HHS and Treasury Secretaries to them create the Administrative law to enforce this. Administrative law is the billions of lines of law which implement the legislation passed. It is controlled by administrative law judges, not judges and juries, who make non recourse decisions. There are more administrative law judges than civil and criminal judges combined.
This is a shadow judicial system which in many ways flies in the face of the Constitution. The create Star Chambers, a practice which the Constitution eschewed, but via these types of legislation have returned.
It is a shame that we have many bloggers making statements without basis. There are true concerns in this Bill, concerns which need study. Where are the Talmudic Scholars in this realm? It may not be our souls at risk but it is our bodies!
For anyone who has ever been audited, remember, the IRS code is the only US code which assumes you are guilty until you prove you are innocent!
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