
The IRS does not penalize people for being uninsured. In 2018, the federal tax penalty for not having minimum essential coverage was eliminated under the Tax Cuts and Jobs Act of 2017. However, some states have implemented their own health coverage requirements with penalties for non-compliance, including California, Massachusetts, New Jersey, and Rhode Island. These penalties are assessed via state tax returns, and the revenue generated is often used to fund health-related initiatives. While there is no longer a federal penalty for lacking health insurance, it is important to be aware of the specific requirements and potential fees imposed by your state of residence.
| Characteristics | Values |
|---|---|
| Federal penalty for not having health insurance | No longer applicable since 2018 |
| State penalty for not having health insurance | Applicable in California, Massachusetts, New Jersey, Rhode Island, and the District of Columbia |
| Penalty amount in California | $900 per adult and $450 per dependent child under 18 |
| Penalty amount in Massachusetts | Based on income and cost of health plans |
| Penalty amount in the District of Columbia | Flat $695 per adult, half for a child, or 2.5% of income, whichever is higher |
| Penalty enforcement | Via state tax return |
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What You'll Learn

The IRS does not penalize for no insurance
The IRS does not penalize people for not having health insurance. The ACA's federal tax penalty for not having minimum essential coverage was eliminated after 2018 under the Tax Cuts and Jobs Act of 2017. This means that, federally, there is no longer a penalty for not having health insurance.
However, some states have implemented their own health coverage requirements with penalties for non-compliance. These penalties are assessed via the state tax return. States with these requirements include California, Massachusetts, New Jersey, Rhode Island, and the District of Columbia.
For example, in California, the penalty for not having coverage for the entire year will be at least $900 per adult and $450 per dependent child under 18 when filing your 2023 state income tax return in 2024. A family of four that goes uninsured for the whole year would face a penalty of at least $2,700.
Massachusetts was the first state to implement an individual mandate and penalty in 2006, and the penalty amount is based on the person's income and the cost of health plans available via the Massachusetts health insurance exchange. The District of Columbia and New Jersey implemented similar individual mandates and penalties that took effect in January 2019.
Rhode Island also implemented an individual mandate, effective in 2020, with a penalty for non-compliance. The revenue generated from this penalty is used to help fund the state's reinsurance program, which aims to stabilize the individual/family market.
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Some states have their own penalties
The IRS currently does not penalize people for not having health insurance. The ACA's federal tax penalty for not having minimum essential coverage was eliminated after 2018 under the Tax Cuts and Jobs Act of 2017. However, some states have their own health coverage requirements and will impose penalties on residents who do not maintain coverage. These penalties are assessed via state tax returns.
Massachusetts was the first state to implement an individual mandate and penalty in 2006, and it continues to be in effect. The penalty amount is based on the person's income and the cost of health plans available via the Massachusetts health insurance exchange. The revenue generated from this penalty is used to subsidize Health Connector programs.
The District of Columbia (DC) implemented a similar mandate and penalty in January 2019. The penalty amounts are based on the federal penalty that applied in 2018: a flat $695 per adult, half of that for a child, or 2.5% of income, whichever is higher. The revenue from DC's individual mandate penalty is deposited into the District's Individual Insurance Market Affordability and Stability Fund, which is used to fund outreach and education about available health coverage and to increase the availability and affordability of coverage options.
New Jersey also implemented an individual mandate and penalty in January 2019, with penalty amounts mirroring the previous federal penalty. New Jersey uses penalty revenue to help fund its reinsurance program.
California has its own penalty system, with a minimum penalty of $900 per adult and $450 per dependent child under 18 when filing state income tax returns. California also allows residents to claim a hardship exemption if they can prove that healthcare is unaffordable for them.
Rhode Island implemented an individual mandate in 2020, with a penalty for non-compliance. The revenue generated from this penalty is used to fund the state's reinsurance program, which aims to stabilize the individual/family market.
While the IRS is not involved in these penalties, it is important to note that residents of these states may face financial consequences for not maintaining health coverage. The specific details, exemptions, and applicable tax forms can vary by state, so it is important to check with local regulations and tax preparers.
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Exemptions and calculators for penalty amounts
While the federal tax penalty for not having health insurance was eliminated in 2019, some states still require residents to have coverage and impose their own penalties. These include California, Massachusetts, New Jersey, Rhode Island, and the District of Columbia. These states have individual mandates, meaning residents may face fines if they do not have qualifying health insurance.
Exemptions
Many states offer exemptions to the tax penalty for not having health insurance, allowing certain individuals to avoid the fee based on specific circumstances. These exemptions generally fall into a few broad categories:
- Financial hardship or low income: Individuals who cannot afford health insurance based on state-defined income thresholds may qualify for an exemption. This typically applies to those whose income is below a certain percentage of the federal poverty level or those who face extraordinary financial difficulties, such as homelessness.
- Short coverage gaps: Many states allow an exemption for individuals who experience a temporary lapse in coverage, usually for less than three months.
- Religious beliefs: Membership in a recognized religious group that opposes insurance may qualify for an exemption.
- Specific life circumstances: Exemptions may be granted for situations such as incarceration, membership in certain health care sharing ministries, or eligibility for Indian Health Services.
Calculators for Penalty Amounts
Penalty amounts vary by state and are calculated based on either a flat fee or a percentage of income, whichever is greater. Here are some specific examples:
- California: The penalty is based on either a flat amount depending on the number of people in the household or 2.5% of gross income above the filing threshold requirements.
- Massachusetts: The penalty amount is based on the person's income and the cost of health plans available via the Massachusetts health insurance exchange.
- New Jersey: New Jersey has calculators to determine the penalty amount for each year, which is based on either a flat rate or a percentage of income.
- Rhode Island: Rhode Island's penalty structure is similar to the ACA's original penalty formula.
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Revenue from penalties funds health initiatives
The IRS does not currently penalize people for not having health insurance. However, some states have implemented their own health coverage requirements, with penalties for non-compliance assessed via state tax returns. These states include California, Massachusetts, New Jersey, Rhode Island, and the District of Columbia.
Revenue from these penalty fees is used to fund various health initiatives and programs within the states. For example, in Massachusetts, the revenue is used to subsidize Health Connector programs. In the District of Columbia, the money is deposited into the District's Individual Insurance Market Affordability and Stability Fund, which is utilized to increase outreach and education about available health coverage and improve the availability and affordability of individual market premiums. Similarly, New Jersey uses penalty revenue to help fund its reinsurance program, and California offers additional state-funded health insurance subsidies with the money collected.
The penalty amounts vary by state and are often based on the person's income and the cost of health plans available within that state's health insurance exchange. For instance, in California, the penalty for not having coverage for the entire year is a minimum of $900 per adult and $450 per dependent child under 18, with a family of four facing a penalty of at least $2,700. In contrast, the District of Columbia's penalty amounts are based on the previous federal penalty of a flat $695 per adult, half that for a child, or 2.5% of income, whichever is higher.
While the IRS is not involved in these penalties, it is important to note that residents of these states must comply with the health coverage requirements to avoid paying the fees when filing their state taxes. These state-level initiatives demonstrate a commitment to promoting health coverage and funding health-related programs through penalty revenue.
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The federal penalty ended in 2018
The federal penalty for not having health insurance ended in 2018. This was due to the Tax Cuts and Jobs Act of 2017, which eliminated the ACA's federal tax penalty for not having minimum essential coverage. While the coverage requirement is still technically in effect, there is no longer a federal penalty for non-compliance.
However, it's important to note that some states have implemented their own health coverage requirements with penalties. These penalties are assessed via the state tax return for residents who don't maintain health insurance coverage. For example, Massachusetts has had an individual mandate and penalty in place since 2006, and the District of Columbia implemented a similar mandate in January 2019. The penalty amounts in these states are typically based on the person's income and the cost of health plans available.
As of 2025, a handful of states, including California, New Jersey, and Rhode Island, continue to impose penalties on residents who do not have health insurance. These states use the revenue generated from these penalties to fund various health-related programs and subsidies. While the IRS is not involved in these state-level penalties, it's important for individuals to be aware of the requirements and potential fees in their respective states.
It's worth mentioning that, even without a federal penalty, maintaining health insurance coverage is still crucial. Uninsured individuals may face significant financial burdens in the event of medical emergencies or unexpected healthcare needs. Additionally, certain life changes, such as losing job-provided insurance, may qualify individuals for special enrollment periods to obtain new coverage.
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Frequently asked questions
No, the IRS is not going to penalize you for not having insurance. The federal tax penalty for not having minimum essential coverage was eliminated after 2018.
Yes, some states have implemented their own health coverage requirements with penalties for non-compliance. These include California, Massachusetts, New Jersey, Rhode Island, and the District of Columbia.
The penalty for not having coverage for the entire year will be at least $900 per adult and $450 per dependent child under 18. A family of four that goes uninsured for the whole year would face a penalty of at least $2,700.


























