The annual penalty for not having minimum essential coverage will be the greater of a flat dollar amount per individual or a percentage of the individual’s taxable income. For any dependent under the age 18, the penalty is one half of the individual amount.
The flat dollar amount per individual is $95 in 2014; $325 in 2015 and $695 in 2016.
After 2016, the flat dollar amount is indexed to inflation. The flat dollar penalty is
capped at 300% of the flat dollar amount. For example:
o A family of three (two parents and one child under 18) would have a flat dollar
penalty of $1737 in 2016;
o A family of four (two parents and two children over 18) would have a flat dollar
penalty of $2,085 in 2016 because the 300 % cap would apply.
The percentage of taxable income is an amount equal to a percentage of a household’s income (as defined by the Act) that is in excess of the tax filing threshold (phased in at 1% in 2014; 2% in 2015; 2.5% in 2016). For example:
o If an individual has a household income of $50,000, the percentage would be 1%
of the difference between $50,000 and the tax threshold (which is $9,350 for an
individual in 2010). Assuming the tax threshold is $10,000 in 2014, this individual
would be subject to a percentage penalty of $400. Because this percentage
penalty is greater than the flat dollar penalty for 2014 (which is $95), he would
pay the percentage penalty.
Generally, the annual penalty is capped at an amount equal to the national average premium for qualified health plans which have a bronze level of coverage available through the state Exchange.
(PPACA §§ 1501 and 10106 adding IRC §5000A(c); § 1002 of Reconciliation Bill).