Can the IRS enforce the shared responsibility payment?

Asked by: Whitney Ebert  |  Last update: April 10, 2025
Score: 5/5 (50 votes)

If taxpayers owe a Shared Responsibility Payment for tax years before 2019, the IRS may offset that liability with any tax refund that may be due to them. The IRS routinely works with taxpayers who owe amounts they cannot afford to pay. This sometimes includes enforced collection action such as liens and levies.

Can the IRS collect the shared responsibility payment?

No, penalties do not apply to the SRP. The law prohibits the IRS from using liens or levies to collect any individual shared responsibility payment.

How to avoid shared responsibility payments?

Tips for avoiding the ESR penalty:

Offer at least minimum essential coverage to full-time employees and dependents and document those offers of coverage. To avoid insufficient offer penalties, offer affordable coverage that is at least minimum value.

Is there a statute of limitations on shared responsibility payment?

No Statute of Limitations Applies to Shared Responsibility Payment.

What triggers the employer shared responsibility penalty?

An ALE member will owe the first type of employer shared responsibility payment if it does not offer minimum essential coverage to at least 95 percent of its full-time employees (and their dependents), and at least one full-time employee receives the premium tax credit for purchasing coverage through the Health ...

Avoiding the Shared Responsibility Payment

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Why did I get individual shared responsibility penalty?

The Individual Shared Responsibility Penalty is imposed on any applicable individual for any month in which they fail to enroll and maintain minimum essential healthcare coverage.

What is the employer shared responsibility penalty for 2024?

The monthly penalty is equal to $4,460 (for 2024) divided by 12 for each full-time employee receiving subsidized coverage through an exchange for the month.

Will the IRS penalize for no health insurance?

In 2023, you are no longer required to pay a federal tax penalty for remaining uninsured. However, that may not apply to you if you live in a specific state. For those in California, you are still required to have health insurance and could be subject to a fee should you remain uninsured.

When did shared responsibility payment end?

Individuals without minimum essential coverage were required to make the shared responsibility payment until the end of tax year 2018, unless they qualified for exemptions. When the Tax Cuts and Jobs Act went into effect in 2018, it eliminated this tax penalty as of tax year 2019.

What is IRS notice CP71H?

You received this notice because you still have an unpaid Shared Responsibility Payment (SRP) balance on one of your tax accounts from before 2019 and it requires your immediate attention.

What is the tax penalty for the Affordable Care Act?

Congress eliminated the federal tax penalty for not having health insurance, effective January 1, 2019. While there is no longer a federal tax penalty for being uninsured, some states (CA, MA, NJ, and RI) and DC have enacted individual mandates and may apply a state tax penalty if you lack health coverage for the year.

What is the IRS notice 2024-7?

The IRS issued Notice 2024-7 [PDF 126 KB] providing automatic relief to “eligible taxpayers” from additions to tax under sections 6651(a)(2) and 6651(a)(3) for the failure to pay with respect to certain income tax returns for 2020 and 2021.

Which type of employer may be subject to the employer shared responsibility payment?

Under the Affordable Care Act (ACA), businesses with 50 or more full-time equivalent (FTE) employees that do not offer health coverage, or that offer health coverage that does not meet certain minimum standards, may be subject to a financial penalty, referred to as the Employer Shared Responsibility payment.

How do I avoid shared responsibility payments?

To avoid a penalty, you will need qualifying health coverage for each month beginning on January 1, 2020 for:
  1. Yourself.
  2. Your spouse or domestic partner.
  3. Your dependents.

Can the IRS go after your family?

If you don't file taxes for a deceased person, the IRS can take legal action by placing a federal lien against the Estate. This essentially means you must pay the federal taxes before closing any other debts or accounts. If not, the IRS can demand the taxes be paid by the legal representative of the deceased.

Can the IRS take money from my spouse bank account?

In general, the IRS can levy a joint bank account if one account holder has delinquent tax debt and all other required procedures have been followed. This is true whether the joint account holder is your spouse, relative, or anyone else.

Why do I owe shared responsibility payment?

Under the new law, California residents who do not have coverage for themselves and their dependents in 2020, and who do not otherwise qualify for an exemption, will pay an Individual Shared Responsibility Penalty when they file their 2020 California income tax returns in 2021.

What does shared responsibility mean with the IRS?

The Individual Shared Responsibility Provision

Specifically, this provision requires each individual to: Have minimum essential health coverage every month, Qualify for an exemption, or. Make a shared responsibility payment.

Does having health insurance affect your tax return?

Whether you get financial help or not, health coverage is part of filing your taxes. Unless you report that you had health coverage, you may have to pay a state tax penalty. If you received federal or state financial help, you'll report that as well.

What is the penalty for individual shared responsibility?

For 2016 through 2018, the law set the penalty at $695 per adult and $347.50 per child, up to a maximum of $2,085 for a family—or 2.5 percent of income, whichever is greater. Penalties are to rise with inflation. For 2019 and beyond the penalty will no longer be assessed.

Does the IRS check if you had health insurance?

The Department of Health Care Services (DHCS) is required by state and federal law to send Form 1095-B information to the IRS and FTB for the purpose of validating months of health coverage reported by the person filing their state and/or federal taxes.

How much is the IRS penalty for no insurance?

It was referred to as the “individual responsibility payment.” This was a central requirement of the Affordable Care Act (ACA). The Tax Cut and Jobs Act (TCJA) repealed the penalty (made the penalty amount $0) starting with tax year 2019.

Is there still a penalty for no health insurance?

Exemptions from the requirement to have health insurance

The fee for not having health insurance (sometimes called the "Shared Responsibility Payment" or "mandate”) ended in 2018. This means you no longer pay a tax penalty for not having health coverage.

What is the 13 week rule for ACA?

Classifying Rehires under the ACA

An employee will be considered to be a terminated and rehired employee if the employee has a period of 13 consecutive weeks during which the employee is not credited with an hour of service.

What does the IRS consider full-time employment?

Definition of full-time employee

For purposes of the employer shared responsibility provisions, a full-time employee is, for a calendar month, an employee employed on average at least 30 hours of service per week, or 130 hours of service per month.