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Get your taxes done using TurboTax
No she does not need to pay a penalty. The IRS allows individuals an exemption for the first year they are in the US. They allow this even if you choose to file married filing jointly in her first year in the US. Please see the attached link , question number 8 https://www.irs.gov/affordable-care-act/individuals-and-families/questions-and-answers-on-the-indivi...
Individuals who are exempt under this rule include:
- Nonresident aliens;
- Dual-status aliens in their first year of U.S. residency;
- Nonresident aliens or dual-status aliens who elect to file a joint return with a U.S. spouse;
- Individuals who file a Form 1040NR or Form 1040NR-EZ (including a dual-status tax return for their last year of U.S. residency); and
- Individuals who are claimed as a personal exemption on a Form 1040NR or Form 1040NR-EZ
You will need to attach a statement electing to file a married filing jointly tax return. Please see page 9 , Nonresident Spouse Treated as a Resident and How to Make the Choice. https://www.irs.gov/pub/irs-pdf/p519.pdf
You will not be able to e-file your return. You will need to print and attach the statement to your tax return before mailing to the IRS.
TurboTax does not list the above exemptions under Health Insurance. You will need to choose the option: I'll pick who had it and which months.
According to the instructions for Form 8965 under types of exemptions, page 3, the type of exemption she falls under is Code c, the same code that is used for the option in TurboTax for Spent 330 days or more outside the US. So you will need to check this option to receive the exemption.
‎June 1, 2019
2:36 PM