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New Member
posted Jun 7, 2019 3:32:33 PM

IRS not enforcing Obamacare penalty anymore

0 19 16483
1 Best answer
New Member
Jun 7, 2019 3:32:51 PM

[UPDATED APRIL, 2017]

This statement (or question) is partly true.  Please allow us to explain further for the benefit of everyone.

At the present time (April, 2017) the underlying statutory law of the Affordable Care Act (a.k.a. Obamacare) providing tax penalties for not having health insurance; the system of exemptions to not having health insurance; and the tax credit system set up for purchasing health insurance through an authorized marketplace state health care exchange, all remain in place, and have not been repealed.

However, what has recently changed is an executive (i.e., Presidential) order directing the IRS to process individual income tax returns, where the heath insurance coverage box is left unchecked.  This is different than the situation which existed prior to the order, and different than last year, where the IRS was sending such tax returns back to taxpayers as being "incomplete."  You can read about the TurboTax interpretation of President Trump's executive order, and the penalties for not having health insurance for the 2016 tax year, both at the following (2) TurboTax webpages:

https://ttlc.intuit.com/questions/3662774

https://ttlc.intuit.com/questions/2581044


In addition, this area of the tax law is currently in a great deal of flux and uncertainty, so please keep monitoring the situation.  It seems likely that there will be further significant changes to heath care and insurance, especially as it impacts the tax code and penalties / credits, going forward.

For the moment, the above information accurately describes the present state of the relevant tax law and rules (as of April, 2017).

Thank you for the opportunity to present this information.

19 Replies
Level 15
Jun 7, 2019 3:32:35 PM

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New Member
Jun 7, 2019 3:32:36 PM

Can you give us an update on the current status of this issue?  We want to know if we can blame Intuit if we leave the insurance coverage box unchecked and end up still penalized by the IRS for not providing evidence of Health Insurance coverage for 2017.

Level 15
Jun 7, 2019 3:32:38 PM
Level 15
Jun 7, 2019 3:32:39 PM
New Member
Jun 7, 2019 3:32:40 PM

So as-of now, the penalty still exists, and "not checking" the box will not exempt you from the penalties for failing to obtain qualified coverage based on what I'm reading today 11/13/17?

Level 15
Jun 7, 2019 3:32:40 PM

I am just another user, and simply follow the news. Are you asking about 2017 returns, which we won't be filing for several weeks yet?  It could change yet again.

New Member
Jun 7, 2019 3:32:42 PM

Yes 2017.

Level 15
Jun 7, 2019 3:32:43 PM

We just have to keep watching the news. Besides the current Tax Reform proposals, there may be tax "extender" bills for year end that cover various issues.

Level 9
Jun 7, 2019 3:32:44 PM

So far, nothing has really changed since 2014.  The penalty still applies.

The only slight change is that for 2017 tax returns, the IRS says they will NOT accept an e-filed tax return (and mailed returns will be held) unless you indicate if you have health insurance or not.
<a rel="nofollow" target="_blank" href="https://www.irs.gov/tax-professionals/aca-information-center-for-tax-professionals">https://www.irs.gov/tax-professionals/aca-information-center-for-tax-professionals</a>

New Member
Jun 7, 2019 3:32:49 PM

Has there been any change on this? Can this question be omitted from current returns?

New Member
Jun 7, 2019 3:32:51 PM

[UPDATED APRIL, 2017]

This statement (or question) is partly true.  Please allow us to explain further for the benefit of everyone.

At the present time (April, 2017) the underlying statutory law of the Affordable Care Act (a.k.a. Obamacare) providing tax penalties for not having health insurance; the system of exemptions to not having health insurance; and the tax credit system set up for purchasing health insurance through an authorized marketplace state health care exchange, all remain in place, and have not been repealed.

However, what has recently changed is an executive (i.e., Presidential) order directing the IRS to process individual income tax returns, where the heath insurance coverage box is left unchecked.  This is different than the situation which existed prior to the order, and different than last year, where the IRS was sending such tax returns back to taxpayers as being "incomplete."  You can read about the TurboTax interpretation of President Trump's executive order, and the penalties for not having health insurance for the 2016 tax year, both at the following (2) TurboTax webpages:

https://ttlc.intuit.com/questions/3662774

https://ttlc.intuit.com/questions/2581044


In addition, this area of the tax law is currently in a great deal of flux and uncertainty, so please keep monitoring the situation.  It seems likely that there will be further significant changes to heath care and insurance, especially as it impacts the tax code and penalties / credits, going forward.

For the moment, the above information accurately describes the present state of the relevant tax law and rules (as of April, 2017).

Thank you for the opportunity to present this information.

New Member
Jun 7, 2019 3:32:52 PM

So has the healthcare penalty been done away with yet or is the IRS finding ways around this order to still charge the penalty, despite not answering the questions on the tax form about having or not having healthcare?

Level 15
Jun 7, 2019 3:32:54 PM
Level 15
Jun 7, 2019 3:32:55 PM
Level 15
Jun 7, 2019 3:32:57 PM
New Member
Jun 7, 2019 3:32:58 PM

So the penalty has been "done away with" yet turbo tax is still charging me for each month I didn't have insurance?

New Member
Jun 7, 2019 3:32:59 PM

Yes- it won't be official until next tax season when we file 2018 taxes in 2019

New Member
Jun 7, 2019 3:33:00 PM

Yes unfortunately the soonest you can expect to not have a penalty is this time next year!

New Member
Jun 7, 2019 3:33:02 PM

TurboTax shows your refund as having the health care penalty deducted, but when you get to the E-file step, it adds it back in. If I get dinged for this, I am going to be ticked off!! I tried to do the right thing!!