Shared Responsibility Payment for Not Maintaining Minimum Essential Coverage; Correction, 78255-78256 [2013-30742]
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Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Rules and Regulations
Par. 2. Section 1.5000A–0 is amended
by revising the entry in the table of
contents for § 1.5000A–2 (b)(2)(iii) to
read as follows:
■
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
§ 1.5000A–0
[TD 9632]
*
RIN 1545–BL36
§ 1.5000A
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendment.
This document contains
corrections to final regulations (TD
9632) that were published in the
Federal Register on Friday, August 30,
2013. The final regulations provide
guidance to individual taxpayers on the
liability under section 5000A of the
Internal Revenue Code for the shared
responsibility payment for not
maintaining minimum essential
coverage.
SUMMARY:
This correction is effective
December 26, 2013 and applicable
beginning August 30, 2013.
DATES:
John
Lovelace, at (202) 622–4960 (not a toll
free number).
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
The final regulations (TD 9632) that
are the subject of this correction is
under section 5000A of the Internal
Revenue Code.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Correction of Publication
Accordingly, 26 CFR part 1 is
corrected by making the following
correcting amendments:
sroberts on DSK5SPTVN1PROD with RULES
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 is amended by correcting the
sectional authority for § 1.5000A–4 to
read in part as follows:
VerDate Mar<15>2010
16:55 Dec 24, 2013
Jkt 232001
*
*
Minimum essential coverage.
*
*
*
*
*
Par. 3. Section 1.5000A–1 is amended
by revising paragraphs (d)(6) and (7) to
read as follows:
■
§ 1.5000A–1 Maintenance of minimum
essential coverage and liability for the
shared responsibility payment.
*
*
*
*
(d) * * *
(6) Group health insurance coverage.
Group health insurance coverage has
the same meaning as in section
2791(b)(4) of the Public Health Service
Act (42 U.S.C. 300gg–91(b)(4)).
(7) Group health plan. Group health
plan has the same meaning as in section
2791(a)(1) of the Public Health Service
Act (42 U.S.C. 300gg–91(a)(1)).
*
*
*
*
*
■ Par. 4. Section 1.5000A–2 is amended
by revising paragraphs (b)(1)(iv),
(b)(2)(iii), (c)(1)(i)(B), (c)(2), and the last
sentence of paragraph (d)(2) to read as
follows:
(2) Qualified health plan offered by
an exchange. * * * If a territory of the
United States elects to establish an
Exchange under section 1323(a)(1) and
(b) of the Affordable Care Act (42 U.S.C.
18043(a)(1), (b)), a qualified health plan
offered by that Exchange is a plan in the
individual market.
*
*
*
*
*
Par. 5. Section 1.5000A–3 is amended
by revising the first sentence of
paragraph (e)(4)(ii)(D), the last sentence
of paragraph (e)(4)(iii), and the heading
of (e)(4)(iii) Example 1 to read as
follows:
■
§ 1.5000A–3
*
Minimum essential coverage.
*
*
*
*
(b) * * *
(1) * * *
(iv) TRICARE. Medical coverage
under chapter 55 of Title 10, U.S.C.,
including coverage under the TRICARE
program;
*
*
*
*
*
(2) * * *
(iii) Limited-benefit TRICARE
programs. [Reserved]
(c) * * *
(1) * * *
(i) * * *
(B) Any other plan or coverage offered
in the small or large group market
within a State; or
*
*
*
*
*
(2) Government-sponsored program
generally not an eligible employersponsored plan. Except for the program
identified in paragraph (b)(1)(vii) of this
section, a government-sponsored
program described in paragraph (b) of
this section is not an eligible employersponsored plan.
(d) * * *
PO 00000
Frm 00091
Fmt 4700
Sfmt 4700
*
Exempt individuals.
*
*
*
(e) * * *
(4) * * *
*
*
As published, the final regulations
(TD 9632), August 30, 2013 (78 FR
53646), contain errors that may prove to
be misleading and are in need of
clarification.
Authority: 26 U.S.C. 7805 * * *
Section 1.5000A–3 also issued under 26
U.S.C. 5000A(e)(4).
2
§ 1.5000A–2
Need for Correction
■
Table of Contents.
*
(a) * * *
(b) * * *
(2) * * *
(iii) Limited-benefit TRICARE programs.
Shared Responsibility Payment for Not
Maintaining Minimum Essential
Coverage; Correction
AGENCY:
*
78255
(ii) * * *
(D) * * * For each individual,
affordability under paragraph (e)(4) of
this section is determined separately for
each period described in paragraph
(e)(4)(ii)(E) of this section that is less
than a 12-month period. * * *
(iii) * * * Unless stated otherwise, in
each example the taxpayer’s taxable
year is a calendar year, the rate of
premium growth has not exceeded the
rate of income growth since 2013, and
the taxpayer is ineligible for any of the
exemptions described in paragraphs (a)
through (d) and (f) through (j) of this
section for a month.
Example 1. Unmarried individual
with no dependents. * * *
*
*
*
*
*
Par. 6. Section 1.5000A–4 is amended
by revising the second sentence of
paragraphs (d) Example 1(ii), (d)
Example 5(iii), and the third sentence of
(d) Example 5(iv) to read as follows:
■
§ 1.5000A–4 Computation of shared
responsibility payment.
*
*
*
*
*
(d) * * *
Example 1. * * *
(ii) * * * Under paragraph (b)(2)(i) of
this section, G’s flat dollar amount is
$695 (the lesser of $695 and $2,085
($695 × 3)). * * *
Example 5. * * *
(iii) * * * Under paragraph (b)(2)(i) of
this section, the flat dollar amount is
$2,085 (the lesser of $2,085 or $2,085
($695 × 3)). * * *
(iv) * * * Therefore, under paragraph
(a) of this section, the shared
responsibility payment imposed on S
E:\FR\FM\26DER1.SGM
26DER1
78256
Federal Register / Vol. 78, No. 248 / Thursday, December 26, 2013 / Rules and Regulations
and T for 2016 is $1,911.24 (the lesser
of $1,911.24 or $11,000).
Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. 2013–30742 Filed 12–24–13; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1 and 602
[TD 9632]
RIN 1545–BL36
Shared Responsibility Payment for Not
Maintaining Minimum Essential
Coverage; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations; correction.
AGENCY:
This document contains
corrections to final regulations (TD
9632) that were published in the
Federal Register on Friday, August 30,
2013. The final regulations provide
guidance to individual taxpayers on the
liability under section 5000A of the
Internal Revenue Code for the shared
responsibility payment for not
maintaining minimum essential
coverage.
SUMMARY:
This correction is effective
December 26, 2013 and applicable
beginning August 30, 2013.
DATES:
John
Lovelace, at (202) 622–4960 (not a toll
free number).
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
The final regulations (TD 9632) that
are the subject of this correction is
under section 5000A of the Internal
Revenue Code.
Need for Correction
As published, the final regulations
(TD 9632), published August 30, 2013
(78 FR 53646), contain errors that may
prove to be misleading and are in need
of clarification.
sroberts on DSK5SPTVN1PROD with RULES
Correction of Publication
Accordingly, the final regulations (TD
9632), that are the subject of FR Doc.
2013–21157, are corrected as follows:
1. On page 53646, first column, in the
preamble, under the paragraph heading
‘‘Paperwork Reduction Act’’, third line
from the bottom of the column, the
language ‘‘with the Paperwork and
VerDate Mar<15>2010
16:15 Dec 24, 2013
Jkt 232001
Reduction Act’’ is corrected to read
‘‘with the Paperwork Reduction Act’’.
2. On page 53646, second column, in
the preamble, seventh line from the top
of the page, the language ‘‘the amount
of the penalty. The likely’’ is corrected
to read ‘‘the amount of the payment.
The likely’’.
3. On page 53647, first column, in the
preamble, fifth line of the first full
paragraph, the language ‘‘approval for
enrollment have minimum’’ is corrected
to read ‘‘approval for enrollment has
minimum’’.
4. On page 53647, second column, in
the preamble, twenty-fourth line from
the top of the page, the language
‘‘qualifying relative, would prevent
them’’ is corrected to read ‘‘qualifying
relative, would prevent a taxpayer’’.
5. On page 53647, third column, in
the preamble, under the paragraph
heading ‘‘2. Special Rule for Adopted
Children’’, fourth line of the second
paragraph, the language ‘‘for shared
responsibility payment for an’’ is
corrected to read ‘‘for the shared
responsibility payment for an’’.
6. On page 53648, first column, in the
preamble, under the paragraph heading
‘‘1. Insurance-related Terms’’, the last
sentence of the first paragraph, ‘‘The
additional terms defined include health
insurance coverage, individual health
insurance coverage, individual market,
and state.’’ is corrected to read ‘‘The
additional terms defined include health
insurance coverage, individual market,
and state.’’.
7. On page 53648, first column, in the
preamble, under the paragraph heading
‘‘2. Household Income’’, fifteenth line of
the first paragraph, the language
‘‘income, the gross income of his or her’’
is corrected to read ‘‘income the gross
income of his or her’’.
8. On page 53648, third column, in
the preamble, twelfth line of the second
full paragraph, the language ‘‘will be
effective starting January 1, 2014’’ is
corrected to read ‘‘will be effective
starting January 1, 2014,’’.
9. On page 53649, second column, in
the preamble, fourth line of the first full
paragraph, the language ‘‘and 1902(cc)
of the Social Security Act,’’ is corrected
to read ‘‘and 1902(cc) of the Social
Security Act (42 U.S.C.
1396a(a)(10)(A)(ii)(XIX) and (cc))’’.
10. On page 53649, third column, in
the preamble, under the paragraph
heading ‘‘4. Medicaid for the Medically
Needy’’, tenth line of the first paragraph,
the language ‘‘and following (Subpart
D). Over half of’’ is corrected to read
‘‘and following sections. Over half of’’.
11. On page 53649, third column, in
the preamble, under the paragraph
heading ‘‘4. Medicaid for the Medically
PO 00000
Frm 00092
Fmt 4700
Sfmt 4700
Needy’’, last line of the column, the
language ‘‘coverage by the HHS
Secretary, in’’ is corrected to read
‘‘coverage by the Secretary of HHS, in’’.
12. On page 53650, first column, in
the preamble, first and second lines
from the top of the page, the language
‘‘consultation with the Treasury
Secretary, under section
5000A(f)(1)(E).’’ is corrected to read
‘‘consultation with the Secretary of the
Treasury, under section
5000A(f)(1)(E).’’.
13. On page 53650, first column, in
the preamble, under the paragraph
heading ‘‘5. TRICARE’’, the seventh and
the twelfth lines of the second
paragraph, the language ‘‘limited
benefit’’ is corrected to read ‘‘limitedbenefit’’.
14. On page 53651, second column, in
the preamble, first line from the top of
the page, the language ‘‘responsibility
penalty even if the’’ is corrected to read
‘‘responsibility payment even if the’’.
15. On page 53652, first column, in
the preamble, under the paragraph
heading ‘‘C. Exempt Noncitizens’’,
twelfth and thirteenth line of the first
paragraph, the language ‘‘taxable year if
the individual is either (1) a nonresident
alien as defined in’’ is corrected to read
‘‘taxable year if the individual either (1)
is a nonresident alien as defined in’’.
16. On page 53652, second column, in
the preamble, under the paragraph
heading ‘‘D. Incarcerated Individuals’’,
second and third lines of the first
paragraph, the language ‘‘individual is
exempt for a month for which the
individual is incarcerated’’ is corrected
to read ‘‘individual is exempt for a
month when the individual is
incarcerated’’.
17. On page 53652, second column, in
the preamble, under the paragraph
heading ‘‘D. Incarcerated Individuals’’,
tenth line of the third paragraph, the
language ‘‘receive benefits for healthcare
provided’’ is corrected to read ‘‘receive
benefits for health care provided’’.
18. On page 53652, third column, in
the preamble, fourteenth line of the
second full paragraph, the language
‘‘that are excluded from the
individual’s’’ is corrected to read ‘‘that
are excluded from the employee’s’’.
19. On page 53653, third column, in
the preamble, fourth through the sixth
line from the top of the page, the
language ‘‘applicable plan, when a plan
is not offered that covers members of the
entire tax household, be revocable. The’’
is corrected to read ‘‘applicable plan
when a plan is not offered that covers
members of the entire non-exempt
family, be revocable. The’’.
20. On page 53653, third column, in
the preamble, the third full paragraph,
E:\FR\FM\26DER1.SGM
26DER1
Agencies
[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Rules and Regulations]
[Pages 78255-78256]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30742]
[[Page 78255]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9632]
RIN 1545-BL36
Shared Responsibility Payment for Not Maintaining Minimum
Essential Coverage; Correction
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to final regulations (TD
9632) that were published in the Federal Register on Friday, August 30,
2013. The final regulations provide guidance to individual taxpayers on
the liability under section 5000A of the Internal Revenue Code for the
shared responsibility payment for not maintaining minimum essential
coverage.
DATES: This correction is effective December 26, 2013 and applicable
beginning August 30, 2013.
FOR FURTHER INFORMATION CONTACT: John Lovelace, at (202) 622-4960 (not
a toll free number).
SUPPLEMENTARY INFORMATION:
Background
The final regulations (TD 9632) that are the subject of this
correction is under section 5000A of the Internal Revenue Code.
Need for Correction
As published, the final regulations (TD 9632), August 30, 2013 (78
FR 53646), contain errors that may prove to be misleading and are in
need of clarification.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and recordkeeping requirements.
Correction of Publication
Accordingly, 26 CFR part 1 is corrected by making the following
correcting amendments:
PART 1--INCOME TAXES
0
Paragraph 1. The authority citation for part 1 is amended by correcting
the sectional authority for Sec. 1.5000A-4 to read in part as follows:
Authority: 26 U.S.C. 7805 * * *
Section 1.5000A-3 also issued under 26 U.S.C. 5000A(e)(4).
0
Par. 2. Section 1.5000A-0 is amended by revising the entry in the table
of contents for Sec. 1.5000A-2 (b)(2)(iii) to read as follows:
Sec. 1.5000A-0 Table of Contents.
* * * * *
Sec. 1.5000A 2 Minimum essential coverage.
(a) * * *
(b) * * *
(2) * * *
(iii) Limited-benefit TRICARE programs.
* * * * *
0
Par. 3. Section 1.5000A-1 is amended by revising paragraphs (d)(6) and
(7) to read as follows:
Sec. 1.5000A-1 Maintenance of minimum essential coverage and
liability for the shared responsibility payment.
* * * * *
(d) * * *
(6) Group health insurance coverage. Group health insurance
coverage has the same meaning as in section 2791(b)(4) of the Public
Health Service Act (42 U.S.C. 300gg-91(b)(4)).
(7) Group health plan. Group health plan has the same meaning as in
section 2791(a)(1) of the Public Health Service Act (42 U.S.C. 300gg-
91(a)(1)).
* * * * *
0
Par. 4. Section 1.5000A-2 is amended by revising paragraphs (b)(1)(iv),
(b)(2)(iii), (c)(1)(i)(B), (c)(2), and the last sentence of paragraph
(d)(2) to read as follows:
Sec. 1.5000A-2 Minimum essential coverage.
* * * * *
(b) * * *
(1) * * *
(iv) TRICARE. Medical coverage under chapter 55 of Title 10,
U.S.C., including coverage under the TRICARE program;
* * * * *
(2) * * *
(iii) Limited-benefit TRICARE programs. [Reserved]
(c) * * *
(1) * * *
(i) * * *
(B) Any other plan or coverage offered in the small or large group
market within a State; or
* * * * *
(2) Government-sponsored program generally not an eligible
employer-sponsored plan. Except for the program identified in paragraph
(b)(1)(vii) of this section, a government-sponsored program described
in paragraph (b) of this section is not an eligible employer-sponsored
plan.
(d) * * *
(2) Qualified health plan offered by an exchange. * * * If a
territory of the United States elects to establish an Exchange under
section 1323(a)(1) and (b) of the Affordable Care Act (42 U.S.C.
18043(a)(1), (b)), a qualified health plan offered by that Exchange is
a plan in the individual market.
* * * * *
0
Par. 5. Section 1.5000A-3 is amended by revising the first sentence of
paragraph (e)(4)(ii)(D), the last sentence of paragraph (e)(4)(iii),
and the heading of (e)(4)(iii) Example 1 to read as follows:
Sec. 1.5000A-3 Exempt individuals.
* * * * *
(e) * * *
(4) * * *
(ii) * * *
(D) * * * For each individual, affordability under paragraph (e)(4)
of this section is determined separately for each period described in
paragraph (e)(4)(ii)(E) of this section that is less than a 12-month
period. * * *
(iii) * * * Unless stated otherwise, in each example the taxpayer's
taxable year is a calendar year, the rate of premium growth has not
exceeded the rate of income growth since 2013, and the taxpayer is
ineligible for any of the exemptions described in paragraphs (a)
through (d) and (f) through (j) of this section for a month.
Example 1. Unmarried individual with no dependents. * * *
* * * * *
0
Par. 6. Section 1.5000A-4 is amended by revising the second sentence of
paragraphs (d) Example 1(ii), (d) Example 5(iii), and the third
sentence of (d) Example 5(iv) to read as follows:
Sec. 1.5000A-4 Computation of shared responsibility payment.
* * * * *
(d) * * *
Example 1. * * *
(ii) * * * Under paragraph (b)(2)(i) of this section, G's flat
dollar amount is $695 (the lesser of $695 and $2,085 ($695 x 3)). * * *
Example 5. * * *
(iii) * * * Under paragraph (b)(2)(i) of this section, the flat
dollar amount is $2,085 (the lesser of $2,085 or $2,085 ($695 x 3)). *
* *
(iv) * * * Therefore, under paragraph (a) of this section, the
shared responsibility payment imposed on S
[[Page 78256]]
and T for 2016 is $1,911.24 (the lesser of $1,911.24 or $11,000).
Martin V. Franks,
Chief, Publications and Regulations Branch, Legal Processing Division,
Associate Chief Counsel (Procedure and Administration).
[FR Doc. 2013-30742 Filed 12-24-13; 8:45 am]
BILLING CODE 4830-01-P