Treasury Regulations (26 C.F.R.)
26 CFR § 1.5000A-5
Administration and procedure.
# (a) In general.
A taxpayer's liability for the shared responsibility payment for a month must be reported on the taxpayer's Federal income tax return for the taxable year that includes the month. The period of limitations for assessing the shared responsibility payment is the same as that prescribed by section 6501 for the taxable year to which the Federal income tax return on which the shared responsibility payment is to be reported relates. The shared responsibility payment is payable upon notice and demand by the Secretary, and except as provided in paragraph (b) of this section, is assessed and collected in the same manner as an assessable penalty under subchapter B of chapter 68 of the Internal Revenue Code. The shared responsibility payment is not subject to deficiency procedures of subchapter B of chapter 63 of the Internal Revenue Code. Interest on this payment accrues in accordance with the rules in section 6601.
# (b) Special rules.
Notwithstanding any other provision of law—
(1) Waiver of criminal penalties. In the case of a failure by a taxpayer to timely pay the shared responsibility payment, the taxpayer is not subject to criminal prosecution or penalty for the failure.
(2) Limitations on liens and levies. If a taxpayer fails to pay the shared responsibility payment imposed by this section and §§ 1.5000A-1 through 1.5000A-4, the Secretary will not file notice of lien on any property of the taxpayer, or levy on any property of the taxpayer for the failure.
(3) Authority to offset against overpayment. Nothing in this section prohibits the Secretary from offsetting any liability for the shared responsibility payment against any overpayment due the taxpayer, in accordance with section 6402(a) and its corresponding regulations.
# (c) Applicability date.
Except as otherwise provided in this paragraph (c), this section and §§ 1.5000A-1 through 1.5000A-4 apply for months beginning after December 31, 2013. Section 1.5000A-2(b)(2)(ix) applies for months beginning after September 28, 2020.
[T.D. 9632, 78 FR 53655, Aug. 30, 2013, as amended by T.D. 9970, 87 FR 76575, Dec. 15, 2022]
Source: view the official text
In this part (40 sections)
- 1.1504-2 · [Reserved]
- 1.1504-3 · Treatment of stock in a QOF C corporation for purposes of…
- 1.1504-4 · Treatment of warrants, options, convertible obligations, and…
- 1.1502-77A · Common parent agent for subsidiaries applicable for…
- 1.1502-77B · Agent for the group applicable for consolidated return…
- 1.1551-1 · Disallowance of surtax exemption and accumulated earnings…
- 1.1552-1 · Earnings and profits.
- 1.1561-0 · Table of contents.
- 1.1561-1 · General rules regarding certain tax benefits available to…
- 1.1561-2 · Special rules for allocating reductions of certain section…
- 1.1561-3 · Allocation of the section 1561(a) tax items.
- 1.1563-1 · Definition of controlled group of corporations and component…
- 1.1563-2 · Excluded stock.
- 1.1563-3 · Rules for determining stock ownership.
- 1.1563-4 · Franchised corporations.
- 1.5000A-0 · Table of contents.
- 1.5000A-1 · Maintenance of minimum essential coverage and liability for…
- 1.5000A-2 · Minimum essential coverage.
- 1.5000A-3 · Exempt individuals.
- 1.5000A-4 · Computation of shared responsibility payment.
- 1.5000A-5 · Administration and procedure.
- 1.5000C-0 · Outline of regulation provisions for section 5000C.
- 1.5000C-1 · Tax on specified Federal procurement payments.
- 1.5000C-2 · Withholding on specified Federal procurement payments.
- 1.5000C-3 · Payment and returns of tax withheld by the acquiring agency.
- 1.5000C-4 · Requirement for the foreign contracting party to file a…
- 1.5000C-5 · Anti-abuse rule.
- 1.5000C-6 · Examples.
- 1.5000C-7 · Effective/applicability date.
- 1.6001-1 · Records.
- 1.6001-2 · Returns.
- 1.6011-1 · General requirement of return, statement, or list.
- 1.6011-2 · Returns, etc., of DISC's and former DISC's.
- 1.6011-3 · Requirement of statement from payees of certain gambling…
- 1.6011-4 · Requirement of statement disclosing participation in certain…
- 1.6011-5 · Required use of magnetic media for corporate income tax…
- 1.6011-6 · [Reserved]
- 1.6011-7 · Specified tax return preparers required to file individual…
- 1.6011-8 · Requirement of income tax return for taxpayers who claim the…
- 1.6011-9 · Syndicated conservation easement listed transactions.