TITLE IV--AMENDMENTS TO INTERNAL REVENUE CODE OF 1986
Subtitle A--Shared Responsibility
PART 1--INDIVIDUAL RESPONSIBILITY
SEC. 401. TAX ON INDIVIDUALS WITHOUT ACCEPTABLE HEALTH CARE COVERAGE.
(a) In General- Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part:
‘PART VIII--HEALTH CARE RELATED TAXES ‘subpart a. tax on individuals without acceptable health care coverage.
‘Subpart A--Tax on Individuals Without Acceptable Health Care Coverage‘Sec. 59B. Tax on individuals without acceptable health care coverage.
‘SEC. 59B. TAX ON INDIVIDUALS WITHOUT ACCEPTABLE HEALTH CARE COVERAGE.
49‘(a) Tax Imposed- In the case of any individual who does not meet the requirements of subsection (d) at any time during the taxable year, there is hereby imposed a tax equal to 2.5 percent of the excess of--
‘(1) the taxpayer’s modified adjusted gross income for the taxable year, over
‘(2) the amount of gross income specified in section 6012(a)(1) with respect to the taxpayer.
‘(b) Limitations-
‘(1) TAX LIMITED TO AVERAGE PREMIUM-
3‘(A) IN GENERAL- The tax imposed under subsection (a) with respect to any taxpayer for any taxable year shall not exceed the applicable national average premium for such taxable year.
‘(B) APPLICABLE NATIONAL AVERAGE PREMIUM-
‘(i) IN GENERAL- For purposes of subparagraph (A), the ‘applicable national average premium’ means, with respect to any taxable year, the average premium (as determined by the Secretary, in coordination with the Health Choices Commissioner) for self-only coverage under a basic plan which is offered in a Health Insurance Exchange for the calendar year in which such taxable year begins.
‘(ii) FAILURE TO PROVIDE COVERAGE FOR MORE THAN ONE INDIVIDUAL- In the case of any taxpayer who fails to meet the requirements of subsection (e) with respect to more than one individual during the taxable year, clause (i) shall be applied by substituting ‘family coverage’ for ‘self-only coverage’.
‘(2) PRORATION FOR PART YEAR FAILURES- The tax imposed under subsection (a) with respect to any taxpayer for any taxable year shall not exceed the amount which bears the same ratio to the amount of tax so imposed (determined without regard to this paragraph and after application of paragraph (1)) as--
‘(A) the aggregate periods during such taxable year for which such individual failed to meet the requirements of subsection (d), bears to
‘(B) the entire taxable year.
‘SEC. 6050X. (Tax) RETURNS RELATING TO HEALTH INSURANCE COVERAGE.
‘(a) Requirement of Reporting- Every person who provides acceptable coverage (as defined in section 59B(d)) to any individual during any calendar year shall, at such time as the Secretary may prescribe, make the return described in subsection (b) with respect to such individual.
‘(b) Form and Manner of Returns- A return is described in this subsection if such return--
‘(1) is in such form as the Secretary may prescribe, and
‘(2) contains--
‘(A) the name, address, and TIN of the primary insured and the name of each other individual obtaining coverage under the policy,
‘(B) the period for which each such individual was provided with the coverage referred to in subsection (a), and
‘(C) such other information as the Secretary may require.
‘(c) Statements To Be Furnished to Individuals With Respect to Whom Information Is Required- Every person required to make a return under subsection (a) shall furnish to each primary insured whose name is required to be set forth in such return a written statement showing--
‘(1) the name and address of the person required to make such return and the phone number of the information contact for such person, and
‘(2) the information required to be shown on the return with respect to such individual.
The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made.
‘(d) Coverage Provided by Governmental Units- In the case of coverage provided by any governmental unit or any agency or instrumentality thereof, the officer or employee who enters into the agreement to provide such coverage (or the person appropriately designated for purposes of this section) shall make the returns and statements required by this section.’.
(2) PENALTY FOR FAILURE TO FILE-
(A) RETURN- Subparagraph (B) of section 6724(d)(1) of such Code is amended by striking ‘or’ at the end of clause (xxii), by striking ‘and’ at the end of clause (xxiii) and inserting ‘or’, and by adding at the end the following new clause:
‘(xxiv) section 6050X (relating to returns relating to health insurance coverage), and’.
Subtitle A--Shared Responsibility
PART 1--INDIVIDUAL RESPONSIBILITY
SEC. 401. TAX ON INDIVIDUALS WITHOUT ACCEPTABLE HEALTH CARE COVERAGE.
(a) In General- Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part:
‘PART VIII--HEALTH CARE RELATED TAXES ‘subpart a. tax on individuals without acceptable health care coverage.
‘Subpart A--Tax on Individuals Without Acceptable Health Care Coverage‘Sec. 59B. Tax on individuals without acceptable health care coverage.
‘SEC. 59B. TAX ON INDIVIDUALS WITHOUT ACCEPTABLE HEALTH CARE COVERAGE.
49‘(a) Tax Imposed- In the case of any individual who does not meet the requirements of subsection (d) at any time during the taxable year, there is hereby imposed a tax equal to 2.5 percent of the excess of--
‘(1) the taxpayer’s modified adjusted gross income for the taxable year, over
‘(2) the amount of gross income specified in section 6012(a)(1) with respect to the taxpayer.
‘(b) Limitations-
‘(1) TAX LIMITED TO AVERAGE PREMIUM-
3‘(A) IN GENERAL- The tax imposed under subsection (a) with respect to any taxpayer for any taxable year shall not exceed the applicable national average premium for such taxable year.
‘(B) APPLICABLE NATIONAL AVERAGE PREMIUM-
‘(i) IN GENERAL- For purposes of subparagraph (A), the ‘applicable national average premium’ means, with respect to any taxable year, the average premium (as determined by the Secretary, in coordination with the Health Choices Commissioner) for self-only coverage under a basic plan which is offered in a Health Insurance Exchange for the calendar year in which such taxable year begins.
‘(ii) FAILURE TO PROVIDE COVERAGE FOR MORE THAN ONE INDIVIDUAL- In the case of any taxpayer who fails to meet the requirements of subsection (e) with respect to more than one individual during the taxable year, clause (i) shall be applied by substituting ‘family coverage’ for ‘self-only coverage’.
‘(2) PRORATION FOR PART YEAR FAILURES- The tax imposed under subsection (a) with respect to any taxpayer for any taxable year shall not exceed the amount which bears the same ratio to the amount of tax so imposed (determined without regard to this paragraph and after application of paragraph (1)) as--
‘(A) the aggregate periods during such taxable year for which such individual failed to meet the requirements of subsection (d), bears to
‘(B) the entire taxable year.
‘SEC. 6050X. (Tax) RETURNS RELATING TO HEALTH INSURANCE COVERAGE.
‘(a) Requirement of Reporting- Every person who provides acceptable coverage (as defined in section 59B(d)) to any individual during any calendar year shall, at such time as the Secretary may prescribe, make the return described in subsection (b) with respect to such individual.
‘(b) Form and Manner of Returns- A return is described in this subsection if such return--
‘(1) is in such form as the Secretary may prescribe, and
‘(2) contains--
‘(A) the name, address, and TIN of the primary insured and the name of each other individual obtaining coverage under the policy,
‘(B) the period for which each such individual was provided with the coverage referred to in subsection (a), and
‘(C) such other information as the Secretary may require.
‘(c) Statements To Be Furnished to Individuals With Respect to Whom Information Is Required- Every person required to make a return under subsection (a) shall furnish to each primary insured whose name is required to be set forth in such return a written statement showing--
‘(1) the name and address of the person required to make such return and the phone number of the information contact for such person, and
‘(2) the information required to be shown on the return with respect to such individual.
The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made.
‘(d) Coverage Provided by Governmental Units- In the case of coverage provided by any governmental unit or any agency or instrumentality thereof, the officer or employee who enters into the agreement to provide such coverage (or the person appropriately designated for purposes of this section) shall make the returns and statements required by this section.’.
(2) PENALTY FOR FAILURE TO FILE-
(A) RETURN- Subparagraph (B) of section 6724(d)(1) of such Code is amended by striking ‘or’ at the end of clause (xxii), by striking ‘and’ at the end of clause (xxiii) and inserting ‘or’, and by adding at the end the following new clause:
‘(xxiv) section 6050X (relating to returns relating to health insurance coverage), and’.
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