Frequently Asked Questions
Who is eligible for the Religious Conscience Exemption from Health Coverage Requirements?
Requires certification of membership in a recognized religious sect (per 1402(g)(1)) or a qualifying health care sharing ministry.
How does the Religious Conscience Exemption from Health Coverage Requirements work?
Excludes members of recognized religious sects or health care sharing ministries from being considered 'applicable individuals' for health coverage mandates.
What law authorizes the Religious Conscience Exemption from Health Coverage Requirements?
The Religious Conscience Exemption from Health Coverage Requirements is authorized under IRC §5000A(d)(2) of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §5000A
Source: Internal Revenue Code, Title 26, United States Code
§ 5000A. Requirement to maintain minimum essential coverage(a) Requirement to maintain minimum essential coverageAn applicable individual shall for each month beginning after 2013 ensure that the individual, and any dependent of the individual who is an applicable individual, is covered under minimum essential coverage for such month.
(b) Shared responsibility payment(1) In generalIf a taxpayer who is an applicable individual, or an applicable individual for whom the taxpayer is liable under paragraph (3), fails to meet the requirement of subsection (a) for 1 or more months, then, except as provided in subsection (e), there is hereby imposed on the taxpayer a penalty with respect to such failures in the amount determined under subsection (c).
(2) Inclusion with returnAny penalty imposed by this section with respect to any month shall be included with a taxpayer’s return under chapter 1 for the taxable year which includes such month.
(3) Payment of penaltyIf an individual with respect to whom a penalty is imposed by this section for any month—(A) is a dependent (as defined in section 152) of another taxpayer for the other taxpayer’s taxable year including such month, such other taxpayer shall be liable for such penalty, or
(B) files a joint return for the taxable year including such month, such individual and the spouse of such individual shall be jointly liable for such penalty.
(c) Amount of penalty(1) In generalThe amount of the penalty imposed by this section on any taxpayer for any taxable year with respect to failures described in subsection (b)(1) shall be equal to the lesser of—(A) the sum of the monthly penalty amounts determined under paragraph (2) for months in the taxable year during which 1 or more such failures occurred, or
(B) an amount equal to the national average premium for qualified health plans which have a bronze level of coverage, provide coverage for the applicable family size involved, and are offered through Exchanges for plan years beginning in the calendar year with or within which the taxable year ends.
(2) Monthly penalty amountsFor purposes of paragraph (1)(A), the monthly penalty amount with respect to any taxpayer for any month during which any failure described in subsection (b)(1) occurred is an amount equal to 1⁄12 of the greater of the following amounts:(A) Flat dollar amountAn amount equal to the lesser of—(i) the sum of the applicable dollar amounts for all individuals with respect to whom such failure occurred during such month, or
(ii) 300 percent of the applicable dollar amount (determined without regard to paragraph (3)(C)) for the calendar year with or within which the taxable year ends.
(B) Percentage of incomeAn amount equal to the following percentage of the excess of the taxpayer’s household income for the taxable year over the amount of gross income specified in section 6012(a)(1) with respect to the taxpayer for the taxable year:(i) 1.0 percent for taxable years beginning in 2014.
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