“I don’t have a house or health insurance or a pension fund because of choices I’ve made as a war tax resister. What will happen to me when I get older? How will I get by?”
“I haven’t filed in years. Can I collect Social Security?”
“I’ve been a war tax resister my whole life. I have some money, but will I be able to leave it to my kids or will the IRS get it?”
These are some of the questions that inspired this Practical, although once we began to write about health care, inheritances, and community, it became clear that this information is useful for war tax resisters of all ages. In addition, you might want to give it to family members who are concerned about your welfare and issues of inheritance.
We’ve organized this Practical into three sections: “Healthy” covers options for health care on a low budget; “Wealthy” deals with income and social security, inheritances, trusts; and “Wise” offers tips from wise elders on developing a support network for help with housing and other needs.
Inside you’ll find factual information, along with the stories of war tax resisters (WTRs). A Resource List for all the sections is at the back.
Health care costs are out-of-control for everyone, but for the moderate- to low-income WTR this can be a real problem area. Many WTRs are among the nearly 16% of the U.S. population with no health insurance coverage. One accident or disease can devastate an individual or family.
While salaried employees are finding themselves squeezed as employers pass on the rising costs of health insurance, people who are self-employed or work “off the books” and lack the benefit of paid coverage or group rates, often live without health insurance or struggle with finding an affordable plan.
Arranging health care outside the insurance system can be challenging, but there are many reasons, besides being a low income WTR, to seek alternatives to the corporate medical system. Check out the health section at your bookstore, or library, or search on the web for alternative ideas. With ingenuity and assertiveness you may find that doors open that you had not expected, and some of the stories at the end of this section and at the end of this booklet offer examples. Some options include: creating your own health care fund by regularly setting aside some part of your income; bartering with health care providers; arranging personal payment plans with health care providers; investing in wellness and preventative health care; taking advantage of clinics, such as those attached to medical and dental schools; or considering surgery outside the U.S.
As for health insurance, the options are not great (or cheap) but parceling out some of your income for coverage is an important consideration. If you are leaving a salaried job with health insurance, be sure to ask them about COBRA, which gives workers and their families the right to privately pay to continue benefits under the group plan for limited periods of time. Lower priced plans that are a good back-up for major medical expenses might come with an annual deductible (such as $2,500, $5,000, or $10,000 for catastrophic coverage), meaning that you pay the deductible amount before the insurance kicks in. If you make frequent doctor visits, a high deductible amount might not make sense. Even healthy individuals will find preventative care and tests can quickly eat up a deductible, so individuals must think out their health care needs and the pros and cons and affordability of the plans available. Shop around. Keep in mind that you can always cancel a plan and get a refund for any time left if it is not working out for you.
Many health insurance companies do take individual members, but it is also possible to obtain a better rate by joining a membership association; some possibilities are listed in the resources at the back of this booklet. Don’t forget to look in your phone book, or try a web search on “health insurance” plus your state or city and see what turns up. Be sure to check out the background of any group, and look at a few plans, comparing the benefits and expenses of each. Many have co-pays for each doctor visit or prescription, so be sure to add that $10-$20 per visit or drug as you consider the costs.
A couple other tips on health insurance: Resisters who are self-employed and file a 1040 should be able to deduct the amount paid for medical and qualified long-term care insurance on behalf of yourself, your spouse, and dependents. This deduction appears in the “adjusted gross income” section of the form and does not require you to itemize. Read the instructions with the 1040 for the details. Setting up a Health Savings Account is another option for people who want to bring down their taxable income level. HSA’s were created by the 2003 Medicare bill and are designed to help individuals save for future qualified medical and retiree health expenses on a tax-free basis. See the resources section for more information.
For those over 65 or very low income, you can look into Medicare, Medicaid, or a health plan for low income residents.
Medicare is a health insurance program run by the federal government. Those who qualify are people who are 65 or older; certain people with disabilities who are under 65; and people of any age who have permanent kidney failure. Another way to put it is, Medicare is for people who receive (or would qualify for) some sort of Social Security benefits including Social Security Retirement Benefits or Social Security Disability Insurance. Medicare is the primary payer for any claims, meaning your doctor will send bills to Medicare before asking anyone else to pay. Medicare comes in two parts:
Part A: Pays for expenses related to a hospital or nursing facility and is free.
Part B: Pays for doctor visits and related tests and has a monthly premium (for 2009 the premium amount is $96.40/month).
Medicare is a national plan, but varies from place to place. Some areas require that you enter a Medicare HMO plan, which usually has better coverage but limits your ability to see certain doctors or to travel. Medicare provides basic health care, but it doesn’t cover all medical expenses or the cost of most long-term care.
The Qualified Medicare Beneficiary Program (QMB) provides financial help to pay for Medicare monthly premiums, deductibles and co-insurances. It is managed state by state with both federal and state funding. The QMB program is available to all people who are eligible for Medicare Part A and meet income and asset eligibility. For those who are eligible, the QMB program will pay the Medicare Part A and Part B monthly premiums, Part A deductibles and co-insurances, and the Part B annual deductible and 20% co-insurance amounts.
Medicaid is a health insurance program funded by states and the federal government to provide coverage for low income people, including families, children, elderly and the disabled. It is generally administered by states. Medicaid participation is not allowed for undocumented immigrants. Medicaid will pay for most doctor visits, some dental needs, some vision services, and most prescriptions. Medicaid can also pay for the Medicare Part B premiums (the $96.40 from above).
While the federal government helps pay for Medicaid, each state has its own rules about who is eligible and what is covered. One’s eligibility for Medicaid benefits usually is determined at the local level through an interview with a city, county, or state Department of Human Services case worker. In most states, anyone who qualifies for SSI assistance is also eligible to receive Medicaid benefits.
Please note: At the time of this writing, some federally funded benefit programs are in a state of transition. Readers are advised to check current sources of information to accurately determine eligibility requirements and availability of benefits.
To Pay or Not To Pay
(If you are a salaried worker, it is not possible to stop the withholding of Social Security taxes. Some comments in these three paragraphs are more applicable to people who are self-employed, non-filers, or live below the taxable income level.)
Opinions vary among war tax resisters regarding payment of Social Security taxes. Most self-employed/below taxable resisters who refuse payment of Social Security taxes resist not because of objections to the programs funded by the tax, but because of the way temporary surplus income from the tax is invested (and borrowed) by the federal government. Though technically a trust fund, a portion of every Social Security payment is placed into reserve investment in U.S. treasury bonds, thereby contributing indirectly to military spending.
Resisters should note that federal penalties, both civil and criminal, for refusing payment of Social Security taxes are the same as those for refusing payment of income taxes. The IRS does not distinguish between these two kinds of taxes in terms of applying penalties, and it is unclear if payments intended as Social Security taxes are distinguished as such either. However, income tax resisters who file quarterly and/or annual returns do have their earnings credited to their Social Security account.
Questions about Social Security may surface or resurface when resisters approach retirement age and must decide whether to apply for Social Security benefits. Some war tax resisters choose to remain outside of the Social Security system both at the contributing and receiving ends. Other resisters choose to participate in the Social Security program and are interested in knowing how eligibility is determined. Especially for those with low incomes and who are, therefore, likely to have little or no savings, pension, or health insurance, knowing one’s options can be helpful in terms of planning for the years when one may no longer be able to work.
(Detailed eligibility information is available from the Social Security Administration website, www.ssa.gov, or by calling 1-800-772-1213.)
Social Security retirement benefits are determined by a “credit” system. To be eligible to receive benefits, most people born in 1929 or later must have earned at least 40 credits over the course of their working life. When you work and pay Social Security taxes, you earn up to a maximum of four “credits” for each year. In 2009 one Social Security credit is gained for every $1090 of earnings on reported income. Generally, therefore, even low income workers will have earned Social Security eligibility with ten years of labor. Credits need not be earned in consecutive years or in full years; a credit is earned for each quarter-year worked, so even a summer job will provide one credit.
The amount of individual benefits is determined by the level of earnings and by the age at which one retires. Currently, early retirement can be claimed at age 62 and full retirement at age 65 if you were born before 1938. Because of longer life expectancies, the Social Security Administration is gradually increasing the full retirement age to 67, which will affect all those born in 1938 and later. (Benefits are permanently lower when begun during early retirement.)
Anyone who has contributed to Social Security can be informed of their to-date Social Security record and be given estimates of their foreseeable retirement benefits by contacting the Social Security Administration and requesting your personal “Social Security Statement.”
Although Social Security is generally thought of as a retirement program (approximately 60% of Social Security beneficiaries receive retirement benefits), Social Security benefits also are available to many people who are disabled, or a dependent of a Social Security beneficiary, or a widow, widower, or dependent of a covered individual who has died. According to the Social Security Administration, approximately one out of every six Americans of any age receives some form of Social Security assistance.
In July 2000, the IRS instituted the Federal Payment Levy Program, which allows them to collect overdue taxes through a continuous levy on certain federal payments, including Social Security. (IRS Code Section 6331 (h)) We don’t know if every WTR with an IRS debt has had their social security garnished, but we do know WTRs who are living with this ongoing collection. One says, “At the rate of 15% they will never catch up with my refusing and redirecting 100% each year.”
There are some exceptions, including when you are in bankruptcy, have applied for relief as an innocent or injured spouse, made alternative arrangements to pay, or the IRS has determined you are in a hardship situation.
The levy can take place after you have received the Final Notice of Intent to Levy. From that point on your payments are subject to the levy by 15%, or the exact amount of tax owed if it is less than 15% of the payment. The levy is continuous until your overdue taxes are paid in full or other arrangements are made to satisfy the debt.
Some WTRs feeling the crunch of this levy have also had their bank accounts seized by the IRS, meaning that the IRS has essentially taken 100% of their social security funds if that is all that was in the bank. One consideration is to receive your Social Security payments by check rather than direct deposit, since the latter makes it easier to track a bank account. In addition, a low income WTR should challenge the IRS on such a seizure. Call the 800 number on the IRS form and/or call the Social Security Administration.
Many people trying to plan ahead ask about saving for retirement years. WTRs should be aware that accounts including Keogh, 401(k), IRA, SEP, and employer pension plans are all vulnerable to seizure by the IRS. Funds in employer pension plans cannot be seized if they are not yet vested; when you have the right to take the benefits, they also become available to the IRS to seize for tax debts. The IRS is discouraged from taking retirement accounts. They will look for other sources first, but if it’s all they can find, there is the possibility that the funds will be seized. Some resisters who have received multiple levies on pension payments and social security have argued successfully to have at least one of the levies dropped.
People over retirement age who are unemployed or marginally employed, without other sources of adequate income, and with limited financial resources, are entitled to receive Supplemental Security Income (SSI) payments bringing them up to a minimum threshold of cash income (which amounted to a total of about $675 for a single person or $1,000 for a couple per month, as of 2009). They are also entitled to Medicaid coverage, which will supplement any Medicare coverage they have, and will pay for almost all of their medical costs, including prescription drugs. SSI is a safety net program. Eligibility does not depend on whatever Social Security taxes may have been withheld before retirement. The program is administered by the Social Security Administration, though it is financed through income taxes rather than FICA withholding.
Questions about inheritances are common among war tax resisters. How do they work. Are they taxed? What should one do with the money once it’s received?
The most surprising thing to many of us is that an estate under $3.5 million is not subject to estate taxes as of January, 2009. (Estate tax is subject to changes made by Congress and is considered a “hot topic” by both Democrats and Republicans.)
Generally, property you receive as a gift, bequest, or inheritance is not included in your income and not taxable. However, if property you receive this way later comes to produce income such as interest, dividends, or rents, as mentioned above, that income is taxable to you.
Starting in 2006, the first $13,000 of gifts GIVEN by one person to another individual is not included in the total amount of taxable gifts made by the donor during that year. The recipient of the cash gift does not include it in taxable income and does not have to report the gift as income, but the individual giving the gift may have to file a gift tax return if they give more than $13,000 in a given year to any one individual.
With that being said, each parent can gift to each of their children $13,000 per year without any tax consequences for the parent. So mom can give her child $13,000 and dad can give $13,000 to that same child for a total of $26,000 per year. If that child is married, then the same gifts can be given to the spouse. This is the easiest way for parents to distribute their wealth thereby potentially avoiding estate taxes. Again, this is not taxable income to the recipient.
If the cash cannot be distributed before the death of a parent and the child inherits the cash, that cash is still not taxable to the child, but as stated above, the income that cash generates, such as interest and dividends, is taxable.
The second issue is when a person receives an inheritance of property such as stock or a house. In those situations s/he acquires the Fair Market Value of the property as of the date of death and would only have taxable income if s/he subsequently sells that property for a gain. For example, Ms. X had stock in a company that was worth $10,000 when she died. If her child, Ms. Y, inherited that stock three months later and the stock was worth $11,000 at that time, and Ms. Y sells the stock for $11,000 she would only have $1,000 of taxable income. If the stock lowered in value from the date the person died to when the child sold it, then none of the stock would be taxable. It is still important to note that the way one notifies the government that the sale of stock is not taxable or what amount is taxable is by filing a tax return. The same rule applies to inheriting a house and subsequently selling it.
The IRS cannot take money until it is yours, the WTR’s. If relatives plan to leave you money, but it is held in their name and social security number, there is no reason it should be vulnerable to seizure for your tax debt. If there is talk of setting up a trust, see the section below.
That is entirely up to you. If you have a tax liability with the IRS, and don’t want them to get the money, then putting it into a bank with your Social Security number attached makes it vulnerable to seizure. Some people loan money to groups whose work they admire or to a friend-in-need at low-interest or no-interest. See the stories in this section and the NWTRCC resource list at the end of this booklet for other materials that cover this topic.
There is a reason for resisters to give away as much as seems practical during their lifetimes, rather than allow property to pass upon death as part of an estate. Even for the vast majority of estates that escape inheritance tax, there is the stage of “estate administration” between the time of death and the actual distribution to heirs. During this phase, the executor or administrator of the estate has the legal duty to pay the “just debts” of the deceased. If these include an accumulated tax liability, and the executor plays by the rules, the IRS could wind up being the sole beneficiary of many resisters’ estates, with the heirs taking nothing. Even if the executor does not voluntarily pay the deceased’s tax liability, the IRS could levy on estate assets, including bank accounts (although it seldom does so). And if the executor disregards the obligation to pay the tax debt before making distribution to heirs, under the law of most states the executor could be personally liable to pay that unsatisfied obligation of the deceased. Under no circumstances, however, would the heirs wind up liable. A resisted and unpaid tax obligation cannot be “passed down” or “inherited.”
Many war tax resisters or their family members ask about setting up a trust to hold assets for a WTR or to safeguard property one wants to leave for beneficiaries. As a WTR, putting property into a revocable living trust will not offer any protection, because you maintain control over the trust. In addition, offshore trusts are treated with suspicion by the IRS, and there are many scams, including so-called “pure trusts” and “constitutional trusts,” that draw IRS attention. Laws regarding estates and trusts vary state-to-state, and it is best to set up a trust with advice from a reputable attorney.
If you are concerned about leaving an inheritance for someone else, you can look into creating an irrevocable trust, in which you let go of ownership; the trust cannot be changed or canceled without the consent of the beneficiary. This type of trust could be set up by a WTR to provide an education fund for his/her children that would not be subject to seizure. A WTR might look into a personal residence trust for their home, which involves the transfer of a residence to a trust with the grantor (WTR) retaining the right to live in the residence for a fixed term of years. Upon the earlier of the grantor’s death or the expiration of the term of years, title to the residence passes to beneficiaries of the trust. Gift taxes may apply and fall on the donor, for gifts exceeding $13,000 per recipient per year, once the amount of an exempt estate is exceeded.
For WTRs it is good to think ahead. The IRS considers transfers of assets after a “notice of intent to levy” illegal, and there is also the potential of charges of fraud if assets are placed in names that do not reflect true ownership. Here are a few other things the IRS says about trusts:
Under a trust arrangement, you must give up control over income and assets. An independent trustee is designated to hold legal title to the trust assets, to exercise independent control over the trust, and to manage the trust. Taxes must be paid on the income received by the trust, including the income generated by property held in trust. The responsibility to pay taxes may fall to the trust, the beneficiary, or the grantor. Trusts established to hide the true ownership of assets and income or to disguise the substance of financial transactions are considered Fraudulent/Abusive Trusts.
If money is being held in trust for you, the WTR, you are or will become the owner, and as your asset it is vulnerable to IRS seizure. A trust must obtain a taxpayer identification number and file annual returns reporting its income and distributions to beneficiaries. The beneficiary is supposed to include the distributed income on their tax return. If you are a WTR with a debt to the IRS, a trust in your name and social security number is vulnerable to seizure to the same extent that you could access that trust if you wanted to. If your parents or others are concerned about leaving you an inheritance, look for some ideas in the stories below.
The experiences of many longtime war tax resisters led to this booklet. Many became WTRs at a young age and have found themselves figuring low income and keep things out along the way. Some chose to live on a low income and keep themselves out of “the system” as much as possible; others make a taxable income, file, and refuse to pay some or all of their taxes to the federal government. In any case, most who persevere find that being in it for long haul is not impossible and has many rewards, including, of course, feeling pretty good about keeping as much money away from war as they can. Relationships with family, friends, or an informal or intentional community are often strengthened as plans are worked out together.
Use the information in this booklet as a guide, but note that government programs and regulations may change, and many are so complicated that we could only give a general overview. Also, this booklet has addressed some of the federal regulations, but many of the areas covered also vary state-to-state, e.g., there might be state taxes on inheritances, health insurance programs are not the same in all 50 states, etc. Verify all the facts and figures related to your own situation. Finally, please write to us if you have information to add, know about something we didn’t cover, or have a story to tell that will help others.
Procedures outside the U.S.: search the internet on “medical tourism” and many options will pop up. Be sure to investigate thoroughly before deciding. One option in Cuba is The Cira Garcia Central Clinic, or write Calle 20 No. 4101 esq. Ave 41 Playa, Ciudad de La Habana, Cuba, (537) 204 2811.
Medicare For general Medicare information, ordering Medicare booklets, and information about health plans, contact 1-800-MEDICARE 24 hours a day, 7 days a week for assistance.
Medicaid – look on the web or in your phone book for state information
Ithaca Health Fund: A grassroots, community funded healthcare cost assistance program based in Ithaca, NY, that covers basic things like trips to the emergency room and discounts with medical practitioners. Limited to New York State residents.
Associations (sample list) for group rate health insurance for self-employed persons:
IRS Publication 502, Medical and Dental Expenses (details for people who itemize, with a small section on adjusting gross income for self employed persons, p. 22).
Health Savings Accounts: IRS Publication 969, Health Savings Accounts and Other Tax-Favored Health Plans. Also see information on The Picket Line website, use the search tool for HSA’s.
United States Federation of Small Business, (800) 637-3331 or see their Insurance Clearinghouse; Working Today/Freelancers Union, (718) 532-1515, Fax: (877) 707-3576 (toll free).
Social Security Administration. For full information about Social Security and SSI. A useful benefits calculator and retirement planner is on the website, 1-800-772-1213.
IRS Publication 559: “Survivors, Executors, and Administrators.” Publication 950: “Introduction to Estate and Gift Taxes.” IRS brochure: “Too Good to be True Trusts?” Available free from the IRS, 1-800-829-FORM, or on the internet.
Stand Up to the IRS, by Frederick W. Daily, 8th Edition, 2005, Nolo Press, 950 Parker Street, Berkeley, CA 94710-9867.
Plan Your Estate by Attorneys Denis Clifford and Cora Jordan, Published by Nolo Press, 950 Parker Street, Berkeley, CA 94710-9867,.
Federation of Egalitarian Communities. Contact number maybe change, but as of 2/06: (206) 324-6822 ext. 2 or Email: secretary@thefec.org
Fellowship for Intentional Community, RR 1 Box 156-W, Rutledge MO 63563-9720. Publishes in online and print formats a Communities Directory, which includes a new section on retirement communities.
Pioneer Valley War Tax Resistance, c/o 54 High St., #423, Greenfield, MA, 01301. An informal community of resisters with a strong support network.
Single copies $1.00 each; Bulk rate 50¢ available from NWTRCC. Practicals can be downloaded from the publications page of the NWTRCC website.
War Tax Resistance: A Guide to Withholding Your Support from the Military, a comprehensive book on the subject. Published by War Resisters League, 5th Edition, March 2003, 144 pages. ($17 postpaid)
War Tax Resisters and the IRS,—a brief outline of WTR motivations, methods and consequences. ($2.50 each)
War Tax Resistance Network, regional listings of contacts, counselors, activists, and support groups. Free
For a full and updated resource list, please see our website or call the number below for a copy.
This brochure was edited by Mary Loehr and produced by the National War Tax Resistance Coordinating Committee (NWTRCC), a coalition of local, regional, and national groups supportive of war tax resistance. Thanks to all the contributors.
Additional copies are available for $1.00 each.
Published 6/2006
Revised 6/2009