Affordable Care Act’s Shared Responsibility Payment is a Tax Entitled to Priority
ABI
JANUARY 26, 2023
1] In In re Szczyporski, the United States Court of Appeals for the Third Circuit held that the shared responsibility payment is a tax entitled to priority under Title 11 of the United States Code (the “Bankruptcy Code”). [2] 4] The IRS’s proof of claim described the shared responsibility payment as an excise tax entitled to priority.
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