I know that during election season I wrote often about
politics. I never thought it was my place to take sides, but there were issues
being raised that I thought deserved attention for they could affect one’s
financial, business, and/or tax situations.
I have been quieter on that front since, for in those couple
of months between election and inauguration there were no new measures being
passed, and we all largely sat by in wait-and-see mode. Now that President
Donald Trump has taken office, though, we are starting to see the ramifications
of his actions.
As most have hopefully realized by now, there is a
connection between your tax return and the Affordable Care Act/Obamacare (and
since I have seen recent data that says many don’t realize it, please know that
those are two names for the same thing). Since Trump’s first executive order
displayed his intentions to undo any aspects of the ACA that he could as
quickly as possible, it is not surprising that us in the tax world are closely
watching this.
Unfortunately, we are largely in another wait-and-see area
now, though. We have just moved into a further shade of gray (of which I hear
there are at least 50, some of them darker) because the executive order doesn’t
lay out definite action steps. Instead it states that agencies and authorities,
“shall
exercise all authority and discretion available to them to waive, defer, grant
exemptions from, or delay the implementation of any provision or requirement of
the Act that would impose a fiscal burden on any State or a cost, fee, tax,
penalty, or regulatory burden on individuals, families, healthcare providers,
health insurers, patients, recipients of healthcare services, purchasers of
health insurance, or makers of medical devices, products, or medications.”
So how is the IRS handling this and how does it affect your
current tax filing?
Well, you should currently not make any changes and not wait
to file your taxes. Hopefully, that’s clear enough to move us back toward black
and white areas.
There are a couple of other definites we can say, too.
First, the IRS was rejecting returns earlier in the season that did not include
information related to health coverage. Now, however, lacking that information
is no longer resulting in an automatic rejection.
This does not mean that there will not be penalties for
those who did not carry health insurance without qualifying for an exemption.
And that penalty can be big, $695 per adult and up to $2,085 per family, or
2.5% of the family income, whichever is greater. For as the IRS has warned, new
legislation will be required to change those aspects of the ACA.
The debate over the Affordable Care Act is going to continue
for the foreseeable future and changes to it seem likely, though I would not
hazard a guess just how far they will proceed. No matter how quick they come,
though, we are already deep into the 2016 tax season, with returns already
being accepted and refunds given, so any legislation that had an effect on
those current responsibilities would be stunning.
What this all will mean next year, then … well tune in next
year to know that. In the meantime, proceed as you would have before the
election and inauguration and know that we will be here along the way to help
you with any questions you may have about this confusing situation.