Reg. § 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 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 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 .
(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 through , 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 and its corresponding regulations.
(c) Applicability date Except as otherwise provided in this , this section and through apply for months beginning after December 31, 2013. applies for months beginning after September 28, 2020.
Tax on Certain Foreign Procurement
[T.D. 9632, 78 FR 53655, Aug. 30, 2013, as amended by T.D. 9970, 87 FR 76575, Dec. 15, 2022]