FOLLOW US

Expert Advice September 28, 2020 4 mins read

Supreme Court Vote on Affordable Care Act (ACA)-What Does it Mean?

Expert Advice ı By Sean Corliss

0 Comments

Supreme Court California indoor worship services ban violates religious rights

The Supreme Court of the United States (SCOTUS) will soon hear arguments regarding the legality of the Affordable Care Act (ACA) also known as Obamacare

While discussions will begin this fall, the SCOTUS will most likely announce its decision in 2021. A coalition of Democratic state Attorney General led by California is defending the federal health care law.  In 2012 and 2015, the SCOTUS ruled that ACA is constitutional because Congress “does have the power to impose a tax on those without health insurance.”

In February 2018, a coalition of Republican state Attorneys General led by Texas argued that the 2017 Tax Cuts and Jobs Act made ACA unconstitutional by eliminating the tax penalty for those who do not have health insurance. In December 2018, U.S. District Judge Reed O'Connor in Texas accepted their argument and declared Obamacare unconstitutional.

A three-judge panel in the 5th Circuit Court of Appeals in New Orleans agreed with the district court's ruling. However, it suggested that the entire law should not collapse and it sent the case back to the lower court to decide which parts should remain. The coalition of Democratic Attorneys General does not want to wait any longer. They wanted to remove the uncertainty surrounding Obamacare as soon as possible so they petitioned the Supreme Court to hear the case this year.

If deemed unconstitutional, refunds for taxes paid related to the ACA legislation may be available for those who paid into it. These taxes include the additional Medicare Tax (0.9%) and the Net Investment Tax (NIIT) (3.8%). These taxes are assessed for high-income taxpayers whose income exceeds certain thresholds.

What Does This Mean?

Though the likelihood of the ACA being overturned is considered low, it is recommended that you consult with your tax professional. They will determine if you would be eligible for a refund, and if so, assess what the best course of action is, based on your specific situation. The recommended actions vary greatly among tax professionals. Some CPA firms are filing a protective claim letter on behalf of their clients. Other firms are preparing amended returns. Other tax professionals recommend taking no action at this time. It is possible that if the ACA is overturned, the IRS would not refund the ACA tax retroactively.

What Do I Do?

Protective claims are not available for tax years 2015 and earlier. This is because the three-year statute of limitations has passed. Taxpayers who filed their 2016 tax returns on the October 15, 2017 deadline (through an extension) will have until October 15, 2020 (or 3 years from the date they filed, if earlier than October 15) to file a protective claim for a refund of the 2016 taxes related to the ACA.

Since the SCOTUS decision is unlikely to be determined before October 15, some CPAs advise filing a protective claim letter. They believe this would be sufficient to hold your claim to a 2016 refund. This is in opposition to amending your tax return at this time. However, other CPA firms recommend amending your returns now. These firms feel that an amended return (Form 1040-X) creates a better likelihood for a refund.

Additional guidance from the IRS is available here.

For the 2017 tax year, if you filed by April 15, 2018, you would have until April 15, 2021, to file a protective claim to preserve a potential 2017 tax refund.

Because each situation is unique, it is suggested you contact your tax professional for specific guidance. As the Supreme Court begins to review the matter, more information will subsequently surface.

----------------------------------------

Have a story you want USA Herald to cover? Submit a tip here and if we think it's newsworthy, we'll follow up on it.

Want to contribute a story? We also accept article submissions -- check out our writer's guidelines here.

Previous Article

SpaceX and ULA have plans for a busy week of liftoffs

Read More
51 Posts

Sean Corliss

Sean holds a Bachelor’s Degree in Business Administration (B.B.A), Finance from the University of South Carolina- The Moore School of Business. He loves to write about finance, sports, and lifestyle. He enjoys doing thorough research before writing his articles.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America October 03, 2026
Diesel Crisis: G7 Deal Leaves Questions About New Supply
By – Michallie Harrison
America October 2, 2026
Judge Refuses to Dismiss Labor Union’s…

What This Ruling Changes Starbucks failed to persuade a federal…

By – Samuel Lopez
America October 2, 2026
Pentagon’s Project Meridian Gives Musk, Luckey…

Key Takeaways The Pentagon has commissioned Project Meridian, a 120-day effort…

By – Samuel Lopez
America October 2, 2026
Every Pentagon UAP File Drop Has…

Signals Ahead of Release 7 All six PURSUE UAP tranches…

By – Samuel Lopez
America October 2, 2026
Molestation Allegations Rock Kern County Political…

Molestation allegations involving former Kern County Supervisor Zack Scrivner have…

By – Jackie Allen
America October 2, 2026
Rioters in France: School Protests Escalate…

Rioters in France escalated a growing wave of student demonstrations…

By – Jackie Allen
America October 2, 2026
SNAP Cost Shift Sends a Bigger…

WASHINGTON — A SNAP cost shift took effect Thursday, requiring…

By – Michallie Harrison
America October 2, 2026
SNAP Cost Shift Sends a Bigger…

WASHINGTON — A SNAP cost shift took effect Thursday, requiring…

By – Michallie Harrison
America October 2, 2026
Cornell University Rape Case Escalates as…

The Cornell University rape case has taken a dramatic new…

By – Rachel Moore
America October 2, 2026
Atlantic Coast Insurance Suspension Follows Growing…

The atlantic coast insurance suspension has added another layer of…

By – Rachel Moore
America October 2, 2026
Kaiser Permanente Layoffs Eliminate 147 Jobs…

A major shake-up is coming to Kaiser Permanente’s California workforce,…

By – Rachel Moore
America October 2, 2026
ICC Ends Contract With French Insurer…

The International Criminal Court has severed its health insurance relationship…

By – Rachel Moore
America October 2, 2026
Minnesota Health Insurance Rates Rise as…

Minnesota residents buying health coverage outside employer-sponsored plans are heading…

By – Rachel Moore
America October 2, 2026
Operation Epic Fury: Trump Warns Iran…

Operation Epic Fury remains central to the Trump administration’s account…

By – Jackie Allen
America October 2, 2026
Killed by in-laws: New York Times…

Jonathan McKinsey, 40, was killed by his elderly in-laws. They…

By – Jackie Allen
America October 1, 2026
Government Spending: Trump Administration Moves to…

 The Trump administration is moving to cancel nearly $1 billion…

By – Jackie Allen
America October 1, 2026
JPMorgan Executive Renews Countersuit After Ex-Banker’s…

The “sex slave” allegations involving JPMorgan Chase executive Lorna Hajdini…

By – Jackie Allen
America October 1, 2026
Diesel Crisis: Louisiana Relief Meets New…

Louisiana’s diesel crisis has entered October with emergency relief still…

By – Michallie Harrison
America September 30, 2026
Chad Lowe’s Daughter Fiona Dies at…

Actor Chad Lowe and his wife, producer Kim Painter, are mourning the…

By – Jackie Allen
America October 2, 2026
G7’s Release of 100M Barrels of…

What Truckers and Consumers Need to Know The G7’s 100-million-barrel…

By – Samuel Lopez
America September 30, 2026
Two-Time NBA Champion J.R. Smith Arrested…

What We Know About the Smith Arrest Smith, 41, is…

By – Samuel Lopez
America September 30, 2026
Former NASCAR Driver Jennifer Jo Cobb…

What This Verdict Means A North Carolina jury found former…

By – Samuel Lopez
America September 30, 2026
Chad Lowe’s Daughter Fiona Dies at…

Actor Chad Lowe and his wife, producer Kim Painter, are mourning the…

By – Jackie Allen
America September 30, 2026
Arnold Schwarzenegger Heads to Jury Trial…

What the Jury Will Decide Schwarzenegger has conceded negligence in…

By – Samuel Lopez
America September 30, 2026
Oklahoma Judge Strips Secrecy From 11…

Inside the Hursh Courtroom Showdown A judge removed the confidential…

By – Samuel Lopez
America September 29, 2026
Trump Launches America.gov AI Portal That…

What Americans Need to Know gov is now an AI-powered…

By – Samuel Lopez
America September 28, 2026
Pope Leo XIV Condemns France’s New…

What Readers Should Know Pope Leo XIV used his visit…

By – Samuel Lopez
America September 27, 2026
Strangers Collected $30 Million In ‘Illegal…

What You Need to Know 1. George A. Neukom Jr.’s estate…

By – Samuel Lopez
America September 26, 2026
Princess Diaries Star Heather Matarazzo Says…

WHY THIS MATTERS Heather Matarazzo just admitted something most working…

By – Samuel Lopez
America September 24, 2026
California’s $11 Billion Undocumented Immigrant Benefits…

By Samuel López | USA Herald SACRAMENTO – California is…

By – Samuel Lopez
America September 22, 2026
Hayden Panettiere’s Cause of Death Confirms…

What the Toxicology Findings Tell Us Hayden Panettiere’s death has…

By – Samuel Lopez
America September 28, 2026
JJ McCarthy Trade Sends Former First-Rounder…

Two years ago, a franchise spent a top-10 pick on…

By – Tyler Brooks
America September 26, 2026
New York Sues Polymarket Claiming Prediction…

What This Fight Is Really About New York says Polymarket…

By – Samuel Lopez
America September 24, 2026
New York Sues Polymarket Over Alleged…

What’s Riding on the Bet New York says Polymarket’s sports…

By – Samuel Lopez
America September 23, 2026
Roblox widow alleges $6 million scam,…

The Roblox widow says a former companion took $6 million…

By – Jackie Allen
America September 22, 2026
Network Traffic Challenges May be Reshaped…

Network traffic has traditionally moved in one dominant direction: from…

By – Jackie Allen
America September 21, 2026
Gilbert Goons Defendant Arrested Again for…

A Gilbert Goons defendant awaiting trial in the 2023 death…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter