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SickOfTheOnePct

(7,290 posts)
Fri Jun 29, 2012, 08:35 PM Jun 2012

Did the Chief Justice hand the Catholic Church a victory?

I was just reading the thread about employers potentially dropping coverage, and it reminded me of the threats made by some Catholic bishops to drop insurance coverage on their employees rather than provide polices that contained contraception.

By ruling that the penalty is a tax, and since churches can't be taxed, will it now be possible for the Catholic church to drop all coverage and not pay the penalty?

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Did the Chief Justice hand the Catholic Church a victory? (Original Post) SickOfTheOnePct Jun 2012 OP
Whoever said churches can't be taxed? struggle4progress Jun 2012 #1
Unless the laws are changed, they can't be SickOfTheOnePct Jun 2012 #4
Got a USC reference for that? struggle4progress Jun 2012 #11
Thank you.... FarPoint Jun 2012 #15
26 U.S.C. § 501 : US Code - Section 501: Exemption from tax on corporations, certain trusts, etc. SickOfTheOnePct Jun 2012 #16
26 USC is the Internal Revenue code: subtitle A (§§ 1–1564) covers federal income tax; struggle4progress Jun 2012 #20
You asked for a USC cite and I provided one SickOfTheOnePct Jun 2012 #22
? struggle4progress Jun 2012 #24
Clearly, he was asking about that specific tax Motown_Johnny Jun 2012 #33
Post removed Post removed Jun 2012 #35
How can you be so wrong? Motown_Johnny Jul 2012 #36
They have to break the law in order to be taxed SickOfTheOnePct Jul 2012 #41
But isn't it breaking the law to not provide coverage? Motown_Johnny Jul 2012 #43
No, it's not breaking the law to not provide coverage SickOfTheOnePct Jul 2012 #44
It still says penalty. Only Roberts thinks it is a tax Motown_Johnny Jul 2012 #45
Churches pay some taxes, such as payroll taxes. NutmegYankee Jul 2012 #37
But this isn't a payroll tax or an excise tax n/t SickOfTheOnePct Jul 2012 #40
It is whatever the Government chose it to be. NutmegYankee Jul 2012 #49
No. Churches as employers have to pay employer share of payroll taxes like everyone else. If this yellowcanine Jul 2012 #50
Had not thought of it but it may SoutherDem Jun 2012 #2
It will be better for women to have health coverage RainDog Jun 2012 #3
I agree with you however, it isn't a fine anymore, it's a tax SickOfTheOnePct Jun 2012 #8
I stand corrected RainDog Jun 2012 #14
I agree on the tax exemption piece SickOfTheOnePct Jun 2012 #17
It depends on what the church is doing. RC Jun 2012 #27
Agreed SickOfTheOnePct Jun 2012 #29
Probably liens against assets. Chan790 Jul 2012 #46
Churches do pay generally applicable taxes Sgent Jun 2012 #31
When they function in the marketplace, they can be taxed treestar Jun 2012 #5
That could be true which means people will be covered anyway and health insurance corporations Lint Head Jun 2012 #6
I thought the mandate/tax was for individuals. n/t TexasProgresive Jun 2012 #7
How can it be a tax for individuals but not for employers? n/t SickOfTheOnePct Jun 2012 #10
Churches were never subject to the ACA GarroHorus Jun 2012 #9
Catholic schools don't pay taxes, can't speak to universities or hospitals SickOfTheOnePct Jun 2012 #12
They are using non-profit status. nt NutmegYankee Jul 2012 #38
And? SickOfTheOnePct Jul 2012 #39
A non-profit is not exempt from all taxes. NutmegYankee Jul 2012 #48
If there is employment, there is competition. Life Long Dem Jun 2012 #13
The contraception law did NOT apply to CHURCHES. I don't think the ACA does, either. Honeycombe8 Jun 2012 #18
You are correct on how the law is written SickOfTheOnePct Jun 2012 #19
The Catch 22 is...the govt can't collect the tax from ANYONE. It's a tax or a penalty... Honeycombe8 Jun 2012 #30
The IRS Commissioner strongly disagrees with you. former9thward Jul 2012 #42
I've since read that the IRS will withhold that penalty IF you want something else from the IRS, Honeycombe8 Jul 2012 #47
The IRS can withhold a refund, but it sounds like it can't do anything else. pnwmom Jul 2012 #51
No not just the refund. former9thward Jul 2012 #53
Why would they, or other businesses, drop their coverage? Honeycombe8 Jun 2012 #32
Actually he handed some Catholic organizations a victory loyalsister Jun 2012 #21
Fair enough SickOfTheOnePct Jun 2012 #23
Many religious organizations are not aligned with the most vocal elements loyalsister Jun 2012 #25
I understand and totally agree with everything in your post SickOfTheOnePct Jun 2012 #26
I agree that they aren't the most vocal loyalsister Jun 2012 #28
AFAIK, when a "church" is operating as a business, they pay applicable taxes. NYC Liberal Jun 2012 #34
It's not the employer who pays the mandate. It's the uninsured individual, perhaps JDPriestly Jul 2012 #52

struggle4progress

(118,379 posts)
11. Got a USC reference for that?
Fri Jun 29, 2012, 08:42 PM
Jun 2012

No? That's ok: I knew you didn't

My advice: don't make stuff up when you're cornered

SickOfTheOnePct

(7,290 posts)
16. 26 U.S.C. § 501 : US Code - Section 501: Exemption from tax on corporations, certain trusts, etc.
Fri Jun 29, 2012, 08:53 PM
Jun 2012
http://codes.lp.findlaw.com/uscode/26/A/1/F/I/501

(3) Corporations, and any community chest, fund, or foundation,
organized and operated exclusively for religious, charitable,
scientific, testing for public safety, literary, or educational
purposes, or to foster national or international amateur sports
competition (but only if no part of its activities involve the
provision of athletic facilities or equipment), or for the
prevention of cruelty to children or animals, no part of the net
earnings of which inures to the benefit of any private
shareholder or individual, no substantial part of the activities
of which is carrying on propaganda, or otherwise attempting, to
influence legislation (except as otherwise provided in subsection
(h)), and which does not participate in, or intervene in
(including the publishing or distributing of statements), any
political campaign on behalf of (or in opposition to) any
candidate for public office.

struggle4progress

(118,379 posts)
20. 26 USC is the Internal Revenue code: subtitle A (§§ 1–1564) covers federal income tax;
Fri Jun 29, 2012, 09:10 PM
Jun 2012

you need to learn to read carefully since the page you cite is part of subtitle A and begins An organization described in subsection (c) or (d) or section 401(a) shall be exempt from taxation under this subtitle unless such exemption is denied under section 502 or 503.

NFIB v. Sebelius discusses the Patient Protection and Affordable Care Act, in particular 26 U. S. C. §5000A -- which lies in Subtitle D (the portion on miscellaneous excise taxes) -- is not affected by your reference

SickOfTheOnePct

(7,290 posts)
22. You asked for a USC cite and I provided one
Fri Jun 29, 2012, 09:31 PM
Jun 2012

You claimed that churches are not tax exempt under USC, and you've been proven wrong.

Response to Motown_Johnny (Reply #33)

 

Motown_Johnny

(22,308 posts)
36. How can you be so wrong?
Sun Jul 1, 2012, 09:49 AM
Jul 2012

Does "unless such exemption is denied under section 502 or 503" mean nothing to you?



Churches can be taxed.


You are wrong.

SickOfTheOnePct

(7,290 posts)
41. They have to break the law in order to be taxed
Sun Jul 1, 2012, 02:01 PM
Jul 2012

So long as they abide by the law, they can't be taxed.

How can he be so wrong? He asked for a cite that he claimed didn't exist, I provided it, and now he's still saying it doesn't exist.

 

Motown_Johnny

(22,308 posts)
43. But isn't it breaking the law to not provide coverage?
Sun Jul 1, 2012, 02:18 PM
Jul 2012

This is written as a penalty. A penalty implies some wrong doing.


Churches do pay taxes. Some they are exempt from but not all. I believe they would need to pay this tax/penalty along with their other taxes.


The cite you provided does not say that they don't pay any taxes, that is why you are wrong.
 

Motown_Johnny

(22,308 posts)
45. It still says penalty. Only Roberts thinks it is a tax
Sun Jul 1, 2012, 02:24 PM
Jul 2012

Arguing isn't going to change anything. It seems fairly obvious that they will need to pay this along with their other taxes.


If some Catholic owned institutions opt out and don't pay the penalty/tax then there might be a court decision on it.

Time will tell.

NutmegYankee

(16,207 posts)
37. Churches pay some taxes, such as payroll taxes.
Sun Jul 1, 2012, 09:55 AM
Jul 2012

As a non-profit, they are generally exempt from most property taxes, but they do pay excise taxes. If you want wine for Communion, it got taxed.

yellowcanine

(35,705 posts)
50. No. Churches as employers have to pay employer share of payroll taxes like everyone else. If this
Sun Jul 1, 2012, 08:53 PM
Jul 2012

is a tax it is a payroll tax. So yes they have to pay. Churches are exempt from paying income tax and property tax, not payroll taxes.

SoutherDem

(2,307 posts)
2. Had not thought of it but it may
Fri Jun 29, 2012, 08:37 PM
Jun 2012

So much for Christian Compassion, getting as rare as Conservative Conservatism.

RainDog

(28,784 posts)
3. It will be better for women to have health coverage
Fri Jun 29, 2012, 08:38 PM
Jun 2012

that is not tied to any business's religious beliefs.

If the Catholic church drops health care coverage, they will have to pay a fine for doing so. They don't get to decide how that money is used for health care, either.

SickOfTheOnePct

(7,290 posts)
8. I agree with you however, it isn't a fine anymore, it's a tax
Fri Jun 29, 2012, 08:40 PM
Jun 2012

Finding that it was a tax was the entire basis of ruling the ACA constitutional.

Say a church drops all coverage. They don't pay taxes, so how will it be collected? And if the government attempts to collect, on what basis would they do so, since churches are tax exempt, and the SCOTUS has ruled that the ACA taxes, not penalizes.

RainDog

(28,784 posts)
14. I stand corrected
Fri Jun 29, 2012, 08:44 PM
Jun 2012

you are so right.

that's an interesting question... of course, I don't think religious institutions should be tax exempt - esp. not one as rich as the Catholic Church - but it would take a lot more than me thinking that to change the current law.

SickOfTheOnePct

(7,290 posts)
17. I agree on the tax exemption piece
Fri Jun 29, 2012, 08:55 PM
Jun 2012

My mind just thinks in off the wall way sometimes, and I'm always assuming there is an ulterior motive when a conservative does something that is unexpectedly good.

 

RC

(25,592 posts)
27. It depends on what the church is doing.
Fri Jun 29, 2012, 10:06 PM
Jun 2012

Not everything churches do are tax exempt. They could be very well liable for the penalty tax.

SickOfTheOnePct

(7,290 posts)
29. Agreed
Fri Jun 29, 2012, 10:12 PM
Jun 2012

What I'm thinking of are the Catholic schools, for example. They are tax exempt, and they are covered under ACA. The elementary that my daughters attended is already saying that if the contraception mandate stays, they will drop all coverage. If they in fact do that, how will the money be collected, since they don't pay taxes?

Again, not saying this is an out, it's just something that was running around in my head and that got me to thinking.

 

Chan790

(20,176 posts)
46. Probably liens against assets.
Sun Jul 1, 2012, 02:28 PM
Jul 2012

It'll end up in court but if the lien is small enough, it may make more sense for them to pay the lien to expedite the transfer of property rather than to waste 2+ years in court fighting it.

Sgent

(5,857 posts)
31. Churches do pay generally applicable taxes
Fri Jun 29, 2012, 10:31 PM
Jun 2012

they don't have to pay income tax, many states don't require payment for property taxes, but payroll taxes (which this is one) they most definitely pay.

The only exception for payroll taxes are some ministerial positions (ie priests) which the church can opt out of if they have theological objections -- however, the church must then provide ongoing support for the pastor / minister.

treestar

(82,383 posts)
5. When they function in the marketplace, they can be taxed
Fri Jun 29, 2012, 08:39 PM
Jun 2012

When they are considered employers, they have to follow the law.

It may not work that way.

Lint Head

(15,064 posts)
6. That could be true which means people will be covered anyway and health insurance corporations
Fri Jun 29, 2012, 08:40 PM
Jun 2012

will go the way of the dinosaur. Fine with me. Churches who advocate politics and influence politicians should be taxed. The last time I looked the clergy uses the roads, bridges, police among other things we all use and pay for with our taxes.

 

GarroHorus

(1,055 posts)
9. Churches were never subject to the ACA
Fri Jun 29, 2012, 08:41 PM
Jun 2012

Catholic hospitals and universities are not churches and are thus subject to taxation.

SickOfTheOnePct

(7,290 posts)
12. Catholic schools don't pay taxes, can't speak to universities or hospitals
Fri Jun 29, 2012, 08:43 PM
Jun 2012

I'd be surprised if they pay taxes, but I'm going to check it out.

SickOfTheOnePct

(7,290 posts)
39. And?
Sun Jul 1, 2012, 01:57 PM
Jul 2012

Regardless of the status they're using to gain tax exemption, if they drop coverage, how will they be taxed, since they don't pay taxes?

 

Life Long Dem

(8,582 posts)
13. If there is employment, there is competition.
Fri Jun 29, 2012, 08:43 PM
Jun 2012

and bennie's attract. Drop insurance coverage and see who you attract for employment.

Honeycombe8

(37,648 posts)
18. The contraception law did NOT apply to CHURCHES. I don't think the ACA does, either.
Fri Jun 29, 2012, 08:56 PM
Jun 2012

What the contraception applied to was hospitals, universities, and other INSTITUTIONS that are affiliated with a religion but are not religious institutions themselves. Those institutions do NOT employ only people of a certain faith, etc.

I don't think the ACA requires CHURCHES to provide insurance, but I could be wrong about that.

I'm sure the ACA takes churches into account some way and makes that clear.

SickOfTheOnePct

(7,290 posts)
19. You are correct on how the law is written
Fri Jun 29, 2012, 08:58 PM
Jun 2012

However, take Catholic schools for example. They are not exempt from the ACA, however, they are exempt from paying taxes. So, if they drop their coverage, how would the tax be collected from them?

Honeycombe8

(37,648 posts)
30. The Catch 22 is...the govt can't collect the tax from ANYONE. It's a tax or a penalty...
Fri Jun 29, 2012, 10:28 PM
Jun 2012

whatever you want to call it, but hte IRS doesn't have the authority to enforce its collection.

Honeycombe8

(37,648 posts)
47. I've since read that the IRS will withhold that penalty IF you want something else from the IRS,
Sun Jul 1, 2012, 06:20 PM
Jul 2012

like a refund.

But the ACA specifically states that it cannot force a sale of your property to get it, file a lien, etc., which is what the IRS is authorized to do for taxes. You've heard of tax auctions of houses, where you can buy a house for $1,000, the amount of the unpaid taxes the owner didn't pay? The IRS can't seize your property for the mandate penalty/tax, so in that respect, it's different.

pnwmom

(109,028 posts)
51. The IRS can withhold a refund, but it sounds like it can't do anything else.
Sun Jul 1, 2012, 09:53 PM
Jul 2012

And the millions who aren't required to file wouldn't be affected at all.

former9thward

(32,178 posts)
53. No not just the refund.
Mon Jul 2, 2012, 01:31 PM
Jul 2012

Any money that you have coming from the government. That would include SS payments or any other grant.

Honeycombe8

(37,648 posts)
32. Why would they, or other businesses, drop their coverage?
Fri Jun 29, 2012, 10:35 PM
Jun 2012

They don't offer coverage because there is no penalty. So why would they drop coverage because there is, now? The two things are not connected.

As for how to collect is, as I said in my prior post, it's my understanding that the govt doesn't have authority to collect, if someone refuses to pay the penalty. And that may be why it should be called a penalty more so than a tax. If it's a penalty, the schools would owe it. They are not exempt from penalties.

But if it's deemed a tax, then that is a problem, it sounds like. Altho the govt can't put a lien on you for it, I'm sure they'd harrass you to death, trying to get you to pay it. Make your life miserable. And if you ever wanted any funding from the fed, you might have to first pay this penalty to get it.

loyalsister

(13,390 posts)
21. Actually he handed some Catholic organizations a victory
Fri Jun 29, 2012, 09:17 PM
Jun 2012

Those who are more interested in human rights and poverty. They can point to him as a "real" Catholic.

SickOfTheOnePct

(7,290 posts)
23. Fair enough
Fri Jun 29, 2012, 09:34 PM
Jun 2012

I used the term "Catholic Church" because the church owns and runs the Catholic organizations. I was thinking "church" as in the overarching Catholic hierarchy, rather than in the individual parish sense.

Sorry for not being clearer.

loyalsister

(13,390 posts)
25. Many religious organizations are not aligned with the most vocal elements
Fri Jun 29, 2012, 09:48 PM
Jun 2012

They operate soup kitchens and homeless shelters, provide support services for drug treatment programs.... Poverty and health care delivery are very often central to their missions.
I think that a perception that this particular well respected national figure who also happens to be Catholic aligns with their beliefs may increase their resolve.

I think it may even wind up going further. You can be conservative and still care about other people.

SickOfTheOnePct

(7,290 posts)
26. I understand and totally agree with everything in your post
Fri Jun 29, 2012, 09:54 PM
Jun 2012

But the organizations you speak of aren't the ones that are filing suit against the government over this issue, and they aren't the ones that would drop healthcare for their employees.

loyalsister

(13,390 posts)
28. I agree that they aren't the most vocal
Fri Jun 29, 2012, 10:11 PM
Jun 2012

but they do have tremendous influence, as they are in the trenches dealing with ordinary citizens daily. They also have peers who they discuss their activities with, including haters who have just been discredited. When it comes to everyday people and religion, the good guys win.

NYC Liberal

(20,139 posts)
34. AFAIK, when a "church" is operating as a business, they pay applicable taxes.
Fri Jun 29, 2012, 10:48 PM
Jun 2012

It's only in the instances where they are operating specifically as a religious institution that they don't.

Someone can correct me.

JDPriestly

(57,936 posts)
52. It's not the employer who pays the mandate. It's the uninsured individual, perhaps
Mon Jul 2, 2012, 04:17 AM
Jul 2012

an employee. Churches are not individuals, so they don't buy insurance for themselves.

A church would never be asked to pay the penalty. People who worked for a church might be asked to pay the penalty if the people, the church's employees, don't purchase insurance.

So there is no problem.

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