Romney says Obama's mandate penalty is a tax, but his mandate penalty in Massachusetts was not a tax

[Cali_Democrat]

This guy is all over the map.

Romney shifts, says mandate's a tax (Updated)

Directly contradicting his senior adviser, Eric Fehrnstrom, presumptive GOP presidential nominee Mitt Romney told CBS that the Affordable Care Act's individual mandate is "a tax."

Earlier this week, Fehrnstrom said in a TV appearance that Romney has the same view as the White House on the individual mandate: that it's a penalty, rather than a tax. Romney instituted a state-level mandate to buy health insurance as governor of Massachusetts.

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UPDATE II: In longer interview excerpts released by the Romney campaign, the Republican candidate argues that there's a distinction between a state mandate and a federal mandate when it comes to taxation. The Supreme Court said the federal government can only impose a mandate as a tax, Romney argues, but that doesn't mean a state mandate has to be defined as a tax.

http://www.politico.com/blogs/burns-haberman/2012/07/romney-shifts-says-mandates-a-tax-128026.html

This makes absolutely no sense.

[Cali_Democrat]

1. Here's the Massachusetts law:

830 CMR 111M.2.1.

(4) Massachusetts Personal Income Tax Return; Requirements Relating to Health Insurance Coverage.

(a) Residents Required to Report Health Insurance Coverage on Personal Income Tax Return.

A resident who files or is required to file a Massachusetts personal income tax return is required to indicate on the return whether he or she had creditable coverage in force during the taxable year, as described below, and as applicable, to document such coverage. Coverage may be individual coverage or coverage as a named beneficiary of a policy covering multiple individuals. Generally, this documentation will be accomplished by providing information furnished to the resident on Form MA 1099-HC, as discussed in 830 CMR 111M.2.1(8). If the coverage requirement cannot be demonstrated and coverage is deemed affordable for the taxpayer, the taxpayer will be assessed the penalty at M.G.L. c. 111M, § 2, unless an exception applies (as described in 830 CMR 111M.2.1(6)).

1. Taxable year 2007. Every person who files or is required to file an individual return as a resident, either separately or jointly with a spouse, and every part-year resident who establishes a Massachusetts domicile more than 63 days before the end of the taxable year must indicate on the return whether such person or persons, as of December 31, 2007, had creditable coverage in force.

2. Taxable years beginning on or after January 1, 2008. Every person who files or is required to file an individual income tax return as a resident, either separately or jointly with a spouse, and every part-year resident who resides in the Commonwealth for more than 63 days, must indicate on the return whether such person or persons had creditable coverage in force for each of the 12 months of the taxable year for which the return is filed."
Tuesday at 5:31pm · Like.
Steven Gauck Non-compliance with the Massachusetts' individual mandate law is penalized as follows:

(5) Penalty for Failure to Obtain Affordable Health Insurance Coverage.

(a) Penalty; In General.

In general, a resident who has access to affordable health insurance coverage but does not obtain and maintain the coverage may be subject to a penalty under M.G.L. c. 111M, § 2, which will be imposed through the resident’s personal income tax return. If the coverage requirement cannot be demonstrated and no exception applies, the taxpayer will be assessed the penalty as further provided in this subsection.

Except as provided in this regulation, the penalty will be assessed and collected in the manner of a tax under M.G.L. c. 62C. An appeal on any issue connected with the assessment of the penalty other than hardship will be filed with the Department. However, (as described in 830 CMR 111M.2.1(6 - 7)) all appeals of assessments or proposed assessments of a penalty on the basis of claimed hardship are within the jurisdiction of the Connector and are subject to such procedures as may be established by the Connector. To the extent of any inconsistency or overlap between processes established by chapter 62C and those established by the Connector, the Connector’s procedures will supersede those of chapter 62C."

Pretty clear cut that the penalty is a tax.

[madashelltoo]

2. Will someone please check Robme's degree

I know he majored in doubletalk. Had to. This is a classic example of "My stuff, your shit." George Carlin does a routine on this that is funny as hell.

[Life Long Dem]

3. CNN just showed him saying it's a tax

That if the court said it's a tax, it's a tax. He knows the court called it a tax for constitutional reasons in passing the law. But outside of that, it's a penalty.

[aint_no_life_nowhere]

4. "When Obama cuts wind he farts. When I do it it's a fluffy invisible present."