Since the ACA is unconstitutional do i get a refund for prior penalties paid for not signing

[Lisa995]

LOL  a refund from whom?

[DoninGA]

Well, don't ya know that income taxes are unconstitutional also.  LOL...;-)

[gggjoob]

hey! I'm serious. Maybe I'll claim it under THEFT.

[xmasbaby0]

Theft losses were eliminated as a federal deduction by the new tax law.

[macuser_22]

Theft deductions were eliminated for 2018-2025.  And the ACA penalty is still en effect for 2018, the ACA requirement remains in effect for 2019 but the penalty drops to zero.

[gggjoob]

i guess i'll revise those prior years where i paid penalties for not signing on to the ACA and show the same amount under THEFT

[gggjoob]

or get an attorney for a class action suit

[DoninGA]

Good luck with that...See - <a rel="nofollow" target="_blank" href="https://en.wikipedia.org/wiki/National_Federation_of_Independent_Business_v._Sebelius">https://en.wi...>

[Lisa995]

You actually didn't have to pay the penalty, IRS couldn't collect it from you unless you had a refund to take it from....so shame on you for letting IRS hold your money all year and they had something to deduct the penalty from.  

Had you broke even or owed some income tax, they would have billed the penalty separately and not been able to collect it.

[SweetieJean · Accepted solution]

This forum is not the correct place for a political discussion.