Protective Refund Claim & ACA

Hello Terry,

As I consider the time & expense of filing a 2017 Protective Refund Claim, your input on the below is appreciated.

As I understand it, there exists a potential tax refund if SCOTUS rules the Affordable Care Act unconstitutional. Specifically, a reversal of the tax penalty paid with a 2017 tax filing when the individual failed to provide proof of health insurance. Because the SCOTUS ruling is not expected until later this year, the Protective Refund Claim for the 2017 tax filing would be necesary.

Can you comment on the accuracy of such a potential tax reversal? I am finding info about a potential reversal of the 3.8% net investment income tax and the 0.9% additional medicare tax but nothing specific to the accessed penalty for failure to provide proof of insurance.

Thank you!