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Old 12-12-2017, 11:45 AM
 
401 posts, read 529,345 times
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I am involved in a thread about this over on the health insurance forum and just today have been told simply to lie about my expected 2018 income to push it over the 100% FPL of $12,060 so that I can get the maximum health insurance subsidy possible even though I do not expect to make that much next year. The rationale is that the IRS (for 8962 instructions, line 28) states that the MAX penalty for doing so is only $300 - which is less than 1 month's premium at full cost.

Anyone care to weigh in and/or explain/advise?
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Old 12-12-2017, 11:55 AM
 
106,718 posts, read 108,913,061 times
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the penalty has nothing to do with over estimating .

what will happen is you will have to pay back whatever subsidy you got that you are not entitled to as part of your taxes due . .

https://www.consumerreports.org/cro/...sidy/index.htm
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Old 12-12-2017, 12:01 PM
 
Location: The Triad
34,093 posts, read 83,010,632 times
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Quote:
Originally Posted by DeanJ44 View Post
...have been told ... to push it over the 100% FPL of $12,060
so that I can get the maximum health insurance subsidy possible
even though I do not expect to make that much next year.
How much less than the $12,060 do you believe is more likely?
And what would it take to ACTUALLY earn the difference?

Quote:
...the IRS (for 8962 instructions, line 28) states that the MAX penalty for doing so is only $300
What about the bills for the coverage you got?
That'll be a LOT more than $300.
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Old 12-12-2017, 07:16 PM
 
10,612 posts, read 12,138,005 times
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1) In my estimation "LYING" is intentional. (Put aside the fact that you already say you don't expect to make that much.)

2) How can you ask a person for a projected (unknown) number and then say s/he LIED when s/he told you what it was. By definition a projected number can't be a lie. It can turn out to not be correct, but it can't be a LIE.

The ACA -- or the marketplace -- bases the subsidy on EXPECTED salary. If a person says they expected to make 25K, and actually ended up making 35K -- which in a hypothetical example could (later) make them ineligible for a subsidy or only eligible for a lower subsidy than it turns out they're entitled to -- so be it.

3) Any tax refund could be reduced by the amount of subsidy overpayment. But, that person I think would have every right to fight any attempt to assess a penalty for LYING.
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Old 12-13-2017, 08:21 AM
 
3,050 posts, read 4,995,125 times
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Yep, "penalty" means something different in the tax world so you confuse the issue by using that word. What you are really talking about is the cap on repayments, which if you are single would be $300.

I think you are fine estimating the $12060 but I'm not sure this is sustainable - what happens next year? I'm not sure they will keep allowing you to overestimate indefinitely.

You might be better off just going with Medicaid?
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Old 12-13-2017, 04:28 PM
 
10,612 posts, read 12,138,005 times
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Quote:
I'm not sure they will keep allowing you to overestimate indefinitely.
If there's nothing in the law (the ACA, and or any directive, or executive order) that gives the IRS the ability to oversee this darn mess -- then unless they change the law/directive or order -- what's to stop indefinite overestimating?

True, the law could be changed or an order could be amended to address -- uh -- unintended consequences....but with the current admin being so anti ACA in the first place -- who knows what might be done.
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Old 12-16-2017, 11:19 AM
 
7,343 posts, read 4,372,747 times
Reputation: 7659
Quote:
Originally Posted by mathjak107 View Post
the penalty has nothing to do with over estimating .

what will happen is you will have to pay back whatever subsidy you got that you are not entitled to as part of your taxes due . .

https://www.consumerreports.org/cro/...sidy/index.htm
This. Ask me how I know.
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