Affordable Care Actfs Tax Effects Now Loom for Filers
DEC. 25, 2014 - New York Times
By TARA SIEGEL BERNARD
If you decided to skip health 
insurance this year, consider this: Unless you can prove you have a valid 
excuse, you will be liable for a penalty during the coming tax season — and the 
time to start making your case is now.
Thatfs not all. People who bought 
subsidized insurance 
through one of the marketplaces may have new tax forms to complete, while paying 
the penalty itself may demand some serious number-crunching.
The Internal Revenue Service is 
gearing up to answer questions, but it warns that only half of the callers may 
get through — and those who succeed may have to wait a half-hour or more.
gThere are quite a number of moving 
parts that taxpayers have not had to deal with,h said Kristin Esposito, 
technical tax manager for the American Institute of Certified Public 
Accountants.
The Obama administrationfs 
Affordable Care Act — including its penalty provision — is in effect for the 
first time this year and will be reconciled through a personfs tax 
return.
For most taxpayers, this will 
simply mean checking a box on a tax return indicating they had insurance for the 
full year. But millions of others will have to grapple with new tax forms and 
calculations that may generate unexpected results.
For instance, most of the 6.7 
million people who bought insurance through the exchanges 
received subsidies, which reduced their monthly premiums. But those subsidies 
were based on previous yearsf income — so people whose incomes have changed will 
inevitably have to pay some of that money back, while others may receive fatter 
refunds.
Paying the penalty may also 
deliver some surprises. People who were uninsured for more than three 
consecutive months may owe something. (And since the penalty will double next 
year, now is the time to determine how much that might cost, before it is too 
late to buy a health policy through a federal or state-run marketplace for 
2015.)
gThis is a learning experience for 
everyone involved,h said Roberton 
Williams, a senior fellow at the Tax Policy Center, a joint venture of the 
Urban Institute and the Brookings Institution. gWhen you combine that with all 
of the problems with the exchanges, there will be a lot of confusion and people 
will be sorting it out. I am sure the I.R.S. will be inundated with calls.h
But be prepared to hit redial. 
John Koskinen, the Internal Revenue Service commissioner, admitted in a 
recent speech that because of budget constraints, the agency may be equipped 
to answer just over half of the phone calls it receives. Many will get a 
gcourtesy disconnect.h
The tax filing season will also 
serve as yet another big test for the federal government, since it will require 
several government entities — the state and federal marketplaces and the I.R.S. 
among them — to share data and send out new tax forms with accurate information 
in a timely manner.
Here are some of the biggest ways 
the new law may affect taxpayers:
EXEMPTIONS 
Consumer advocates said they were concerned that some taxpayers might not 
realize that they needed to apply for certain exemptions, and, in some cases, 
substantiate their circumstances. (An estimated 23 million people will qualify 
for an exemption in 2016, while many others will be granted a pass because of a 
hardship, according to 
a federal analysis.)
Some exemptions must be applied 
for through the exchanges, while others can be claimed only on income tax 
returns and some can be granted through either channel. (The 
I.R.S. and 
Healthcare.gov have lists of where to 
apply for each). For instance, people who cannot find affordable coverage — 
costing 8 percent of household income or less — must claim that exemption on 
their tax returns.
But the most time-consuming exemptions 
require mailing a signed paper application to the exchanges: These are processed 
manually, which can take a couple of weeks. Those exemptions include several 
hardships, such as foreclosure, 
the death of a family member, unpaid medical bills and eviction, as well as 
religious reasons for not using insurance. gDo it now because itfs a cumbersome 
process,h advised Mark Steber, chief tax officer at Jackson Hewitt Tax 
Service.
Once an exemption is approved (and 
if itfs not, the applicant can appeal), 
a taxpayer is sent an gexemption certificate number,h which should be entered on 
the tax return. gWe know in some cases those certificates have not come back 
yet,h said Cheryl 
Fish-Parcham, private insurance program director at Families USA, a consumer advocacy group.
TurboTax, the tax-preparation 
software brand, has a free exemption 
check tool that can determine if taxpayers qualify and help them apply.
PENALTIES 
Uninsured people who cannot qualify for an exemption will be required to pay a 
penalty, also known as the individual 
shared responsibility payment. Even people who went without insurance for 
more than three months may have to pay something.
The penalties will rise sharply 
over the next couple of years, so taxpayers contemplating paying the penalty 
instead of buying insurance for the coming year should run those calculations 
soon: Open enrollment on the health care exchanges runs from Nov. 15 to Feb. 
15.
For the 2014 tax year, individuals 
pay whichever is more: $95 or 1 percent of the portion of their modified 
adjusted gross income that exceeds the federal income tax filing threshold: 
$10,150, for example, for those with single filing status. But payments are 
calculated on a monthly basis for each household member.
Those figures are about to double. 
A family of four earning $100,000 who skipped coverage in the last year would 
owe just shy of $800 in 2014, but it would need to pay nearly $1,650 in 2015, 
according to the Tax Policy Centerfs calculator, 
which can determine how much a taxpayer might pay.
There is some question about how 
aggressive the I.R.S. will be in collecting the penalty in its first year. But 
in 2016, an estimated four million people will pay penalties, according to a 
federal analysis.
The agency will not be permitted 
to resort to its usual collection tactics, such as using levies — like wage 
garnishment — or liens. It cannot criminally prosecute those who do not comply, 
either.
But the I.R.S. can deduct the 
penalty from any refund due. And if a taxpayer isnft owed a refund — and fails 
to pay the penalty — the amount will accrue interest and roll over into the 
following tax years. The I.R.S. could continue to deduct the growing amount from 
any refunds due for 10 years, which is how long the agency is allowed to collect 
payments.
RECONCILING People who 
bought subsidized insurance on the exchanges received what is actually an 
advance on a tax credit. Since the amount of help taxpayers received was based 
on 2012 income, it will need to be reconciled against what they actually earned 
in 2014 — particularly if they earned more or less and did not update their 
income data on the exchange.
Some people will be surprised that 
they must pay some of that money back, or at least have it deducted from what 
they would have received in a refund. Conversely, people who earned less money 
in 2014 — and who received subsidies that were too small — may receive money 
back. Changes in life circumstances — a divorce, marriage, a new child — can 
also affect those numbers.
gThis is the part that can be very 
complex,h said Kathy Pickering, executive director of the Tax Institute at 
H&R Block. gPeople think of the tax credit as a discount on their premium. 
But realizing it can be something you repay a portion of is going to be a 
surprise.h
Taxpayers may be comforted that 
there are caps on the amount that must be paid back, though a family of four 
with a household income exceeding $94,200 would have to pay back the full amount 
if it received too much in premium subsidies.
But some taxpayers who are on the 
edge of losing premium subsidies may be able to reduce their incomes enough to 
qualify for the credits. For instance, people can contribute to a retirement 
account — like a 401(k), 
403(b) or traditional I.R.A. 
(and I.R.A. contributions for 2014 can be made by April 15 for the 2014 tax 
year), tax experts said.
gThis is the perfect time to look 
at their income,h Ms. Pickering added, gbecause they still have time to make a 
change.h