I'm not an attorney, and this is NOT legal advice by any stretch. However, it seems the Obamacare penalty is easily avoided. It's simple really. Adjust your with holdings so you get no return from your taxes (so they can't withhold your refund in lieu of paying the "tax") and just don't pay the penalty.
Quotes:
Obamacare's Uneforceable Linchpin - Reason.com
- The mandate to buy health insurance becomes an easily avoided tax.
- Even paying the penalty is effectively optional, because Congress, for political reasons, barred the Internal Revenue Service from using its most effective tools—liens, forfeiture, and prosecution—to collect it. As the Associated Press recently explained, the IRS, confronted by uninsured taxpayers who refuse to pay the penalty, must instead resort to "scary letters and threats to withhold tax refunds." How effective will those letters be once taxpayers realize the threats are empty? They can even avoid having the money taken out of their refunds by adjusting their withholding or estimated tax payments so that they come out even (or owe a little) at the end of the year. In practice, no refund means no penalty.
- Bradbury suggested that Congress might react to such widespread disobedience, which could make Obamacare financially unsustainable, by increasing the penalty and authorizing the IRS to use more-intimidating tools. But that would reveal the coercive nature of the "minimum essential coverage" provision and the implausibility of viewing it as anything other than an unconstitutional order.
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