Nothing Voluntary About Obamacare’s Mandate

Hans von Spakovsky / December 23, 2009

Some supporters of the health care “reform” bill being shoved through the Senate are dismissing concerns over the individual insurance mandate and the tax penalty imposed on those who don’t meet that requirement. They claim that because § 5000A of the bill waives criminal prosecution of taxpayers and says that no liens or levies can be filed on the taxpayer’s property, this is supposedly a “voluntary mandate” and the IRS can’t do anything against you if you refuse to pay the penalty.

That claim is wrong for a number of reasons. First of all, if you refuse to pay the penalty or you refuse to provide any information on your health care status on your tax return, you will face the prospect of being audited by the Internal Revenue Service, something that rightly scares all taxpayers, including those who are law abiding and have done everything they think they should to comply with the law. IRS tax audits are notoriously intrusive, intimidating, and expensive, and the IRS is known for its consistent inconsistency in applying its complex and Byzantine rules and regulations. (more…)