Here is how the Obamacare "individual mandate" and "penalty" law reads in relevant part (with helpful emphasis added):
26 USC § 5000A - Requirement to maintain minimum essential coverage
(a) Requirement to maintain minimum essential coverage
An applicable individual shall for each month beginning after 2013 ensure that the individual, and any dependent of the individual who is an applicable individual, is covered under minimum essential coverage for such month.
(b) Shared responsibility payment
(1) In general
If a taxpayer who is an applicable individual, or an applicable individual for whom the taxpayer is liable under paragraph (3), fails to meet the requirement of subsection (a) for 1 or more months, then, except as provided in subsection (e), there is hereby imposed on the taxpayer a penalty with respect to such failures in the amount determined under subsection (c).
(c)...
(d) Applicable individual
For purposes of this section— (1) In general The term “applicable individual” means, with respect to any month, an individual other than an individual described in paragraph (2) [Those enjoying state-approved religious exemptions], (3) [Individuals not a citizen or national of the United States or an alien lawfully present in the United States], or (4) [Incarcerated individuals].
OK, what we see so far is that the "applicable individual" subject to the "individual mandate"-- and the penalty for failing to comply-- is a "taxpayer" who is not covered by a religious exemption, is not "not a citizen or national of the United States or an alien lawfully present in the United States" or is not incarcerated. BUT WAIT! Let's not forget that little qualifier we saw in section (b)(1) above: Except as provided in subsection (e):
(e) Exemptions
No penalty shall be imposed under subsection (a) with respect to—
...
(2) Taxpayers with income below filing threshold
Any applicable individual for any month during a calendar year if the individual’s household income for the taxable year described in section 1412(b)(1)(B) of the Patient Protection and Affordable Care Act is less than the amount of gross income specified in section 6012 (a)(1) with respect to the taxpayer.
SO, ACTUALLY, THE OBAMACARE MANDATE ONLY APPLIES to someone whose household "income" for the year is equal-to or greater than the amount of gross income specified in 26 USC § 6012 as the amount prompting a filing requirement:
26 USC § 6012 - Persons required to make returns of income
(a) General rule
Returns with respect to income taxes under subtitle A shall be made by the following:
(1)
(A) Every individual having for the taxable year gross income which equals or exceeds the exemption amount [this is followed by exceptions to this rule]
And THAT means, when all is said and done, that the Obamacare mandate and penalty do not apply to anyone with less than the exemption amount of "income"-- which is most of us. Like most federal mandates, the Obamacare mandate only applies to the minority of Americans making use of a federal privilege.
OF COURSE, THE ONLY AMERICANS WHO WILL BENEFIT FROM THIS FACT and be able to unilaterally opt out of the mandate without penalty are those who have learned the truth about the tax like those good folks in the CtC-educated community...
Maybe YOU should become one of those good folks.
Maybe YOU should learn what you'll discover is pretty-much the most important thing any American can know-- even without regard to the "Obamacare" outrage of trying to treat everyone as a subordinate of the state able to be ordered to buy products for the benefit of favored political interests.
Maybe YOU should...
link to article: http://losthorizons.com/Documents/TheRealHealthcareCrisis.htm
link to main site: http://losthorizons.com/
