TreasureKY
Posts: 3032
Joined: 4/10/2007 From: Kentucky Status: offline
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quote:
ORIGINAL: tazzygirl This has already been posted on, and discussed, by Treasure, i do believe. Im sure if i am wrong, she will let me know. If i also recall correctly, this isnt what can happen. Again, Treasure, let me know if im wrong. You are not wrong. As I said, I do not know what the ultimate penalties will end up being, but... (g) ADMINISTRATION AND PROCEDURE.— (1) IN GENERAL.—The penalty provided by this section shall be paid upon notice and demand by the Secretary, and except as provided in paragraph (2), shall be assessed and collected in the same manner as an assessable penalty under subchapter B of chapter 68. (2) SPECIAL RULES.—Notwithstanding any other provision of law— (A) WAIVER OF CRIMINAL PENALTIES.—In the case of any failure by a taxpayer to timely pay any penalty imposed by this section, such taxpayer shall not be subject to any criminal prosecution or penalty with respect to such failure. (B) LIMITATIONS ON LIENS AND LEVIES.— The Secretary shall not— (i) file notice of lien with respect to any property of a taxpayer by reason of any failure to pay the penalty imposed by this section, or (ii) levy on any such property with respect to such failure. Of course, I cannot guarantee there aren't existing loopholes to this. I've not researched the tax law into which this has been inserted. It does seem as if they've taken the teeth out of any way to effectively penalize someone for not complying. I would imagine somewhere down the line someone is going to want to put those teeth back some way.
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