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Tax Privacy Going, Going, Gone

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The Obama Administration's proposal to revise the healthcare system for Americans has met with a cool response. In a poll conducted by CBS News, 47% of respondents expressed disapproval to the healthcare reform proposal known as H.R. 3200, the Affordable Health Choices Act or 'Obamacare' by those who oppose it. The poll was conducted between August 27th and 31st.

What are some of the contentions that people have over the Act? For one thing, once the Act comes into effect, you can wave goodbye to the privacy of your tax details. Section 431(a) of the Act says that the IRS is obligated to reveal taxpayers' information to the Health Choices Commissioner for the purpose of determining their 'affordability credits'. Among the details to be revealed are your filing status, modified adjusted gross income, the number of dependants you have and any other relevant information prescribed by regulation.

Then there is Section 245(b)(2)(A) that says that the IRS must reveal tax return details to the Health Choices Commissioner without any limits on what is available or unavailable for the same purpose of verifying 'affordability credits'.

Wait, there's more. Section 163 of the Act states that the government will have real time access to your personal bank records. And if that were not bad enough, it stipulates that the government will also be given direct access to make electronic fund transfers from your bank account.

In addition, Section 1801(a) says that the Social Security Administration can get tax return data on those who may be eligible for a 'low-income prescription drug subsidy' but has not applied for it.

Already, various organizations have voiced their opposition either in the form of concerns or vehement protests. On August 27th, the Electronic Privacy Information Center stated via email that the organization would oppose Section 431(a) because it contravenes the Privacy Act which generally requires agencies to obtain any individual's personal details from the individual himself or herself instead of from a third party intermediary. Another organization, the Institute for Policy Innovation (IPI), a free market think tank, was even more fatalistic in its assessment. "How many thousands of federal employees will have access to your records?"asks Tom Giovanetti of the IPI, "The privacy of your health records will be only as good as the most nosey, most dishonest and most malcontented federal employee…. so say goodbye to privacy from the federal government. It was fun while it lasted for 233 years," he deadpanned.

The rationale behind the disclosure of private information such as an individual's tax details is to assess the soon-to-be created 'affordability credits'. But the goal of combating fraud must be balanced with the need to protect the privacy of the individual. Whether the federal lawmakers get this balance right remains to be seen.

Darrin T. Mish is a veteran, nationally recognized tax attorney who has focused on providing IRS help to taxpayers for over a decade. He regularly travels the country training other attorneys, CPAs and enrolled agents on how to handle their toughest cases with the IRS. He is highly ranked among the top attorneys in the country, with an AV rating from Martindale-Hubbell and a perfect 10 on Avvo.com. Martindale-Hubbell has also honored him with a listing in their Bar Register of Preeminent Lawyers. He is a member of the American Society of IRS Problem Solvers and the Tax Freedom Institute. With clients on every continent but Antarctica, he has what it takes to solve your IRS problems no matter where you live in the world. If you would like more information about his practice and how he can help you, please call his office at (813) 229-7100 or toll free at 1-888-GET-MISH.

Tax Privacy Going, Going, Gone is a post from: IRS Tax Problem Solver Blog - IRS Help


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