JCT Confirms Failure to Comply with Democrats\u2019 Mandate Can Lead to 5 Years in Jail<\/p>\n
Ways and Means<\/a> | Nov. 6, 2009<\/p>\n Today, Ranking Member of the House Ways and Means Committee Dave Camp (R-MI) released a letter from the non-partisan Joint Committee on Taxation (JCT) confirming that the failure to comply with the individual mandate to buy health insurance contained in the Pelosi health care bill (H.R. 3962, as amended) could land people in jail.\u00a0 The\u00a0JCT letter<\/span><\/a> makes clear\u00a0that Americans who do not maintain \u201cacceptable health insurance coverage\u201d and who choose not to pay the bill\u2019s new individual mandate tax (generally 2.5% of income), are subject to numerous civil and criminal penalties, including criminal fines of up to $250,000 and imprisonment of up to five years. <\/span> <\/p>\n In response to the JCT letter, Camp said:\u00a0 \u201cThis is the ultimate example of the Democrats\u2019 command-and-control style of governing \u2013 buy what we tell you or go to jail.\u00a0 It is outrageous and it should be stopped immediately.\u201d<\/span><\/p>\n Key excerpts from the JCT letter appear below:<\/span><\/p>\n \u201cH.R. 3962 provides that an individual (or a husband and wife in the case of a joint return) who does not, at any time during the taxable year, maintain acceptable health insurance coverage for himself or herself and each of his or her qualifying children is subject to an additional tax.\u201d<\/span><\/em> [page 1]<\/span><\/p>\n – – – – – – – – – –<\/p>\n \u201cIf the government determines that the taxpayer\u2019s unpaid tax liability results from willful behavior, the following penalties could apply\u2026\u201d<\/span><\/em> [page 2]<\/span><\/p>\n – – – – – – – – – –<\/p>\n \u201cCriminal penalties<\/span><\/span><\/em><\/span><\/p>\n Prosecution is authorized under the Code for a variety of offenses.\u00a0 Depending on the level of the noncompliance, the following penalties could apply to an individual:<\/span><\/em><\/p>\n \u2022\u00a0Section 7203 \u2013 misdemeanor willful failure to pay is punishable by a fine of up to $25,000 and\/or imprisonment of up to one year.<\/span><\/em><\/p>\n \u2022\u00a0Section 7201 \u2013 felony willful evasion is punishable by a fine of up to $250,000 and\/or imprisonment of up to five years<\/span><\/em>.\u201d [page 3]<\/span><\/p>\n When confronted with this same issue during its consideration of a similar individual mandate tax, the Senate Finance Committee worked on a bipartisan basis to include language in its bill that shielded Americans from civil and criminal penalties.\u00a0 The Pelosi bill, however, contains no similar language protecting American citizens from civil and criminal tax penalties that could include a $250,000 fine and five years in jail.<\/span><\/p>\n \u201cThe Senate Finance Committee had the good sense to eliminate the extreme penalty of incarceration.\u00a0 Speaker Pelosi\u2019s decision to leave in the jail time provision is a threat to every family who cannot afford the $15,000 premium her plan creates.\u00a0 Fortunately, Republicans have an alternative that will lower health insurance costs without raising taxes or cutting Medicare,\u201d said Camp.<\/span><\/p>\n According to the Congressional Budget Office<\/span><\/a> the\u00a0lowest cost family non-group plan under the Speaker\u2019s bill would\u00a0cost $15,000 in 2016.<\/span><\/p>\n . . . more<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" JCT Confirms Failure to Comply with Democrats\u2019 Mandate Can Lead to 5 Years in Jail Ways and Means | Nov. 6, 2009 Today, Ranking Member of the House Ways and Means Committee Dave Camp (R-MI) released a letter from the non-partisan Joint Committee on Taxation (JCT) confirming that the failure to comply with the individual … Read 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