If I was on a b2 visa for part of the tax year (as a Canadian), does that count as the exemption for "not being a legal us resident" for not having california insurance?

Forum|Forum|2 months ago
April 30, 2026
1 reply
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I was laid off at the end of December 2024 but then came back to the USA periodically until I got a job and a new TN visa in October. I did not have COBRA coverage and just had travel insurance. Can I claim an exception from the health insurance penalty for CA state taxes by saying I wasn't a legal resident?

TurboTax Online

pk_

Level 15

@niveda4 since as B-2 , you are a temporary / visiting alien, you are not eligible for ACA and its requirements -- - generally you are considered not "legally present" for purposes of health insurance mandate.. Also since the B-2 is generally limited to six months, your stay in CA is not long enough to make you a resident of CA.

Thus your tax filing for CA covers only since you came back with TN and periods prior i.e. during "visiting" you are not a US person . no US sourced income and therefore no requirement for health insurance ( even though you probably had visitor health for our own security).

Coes this answer your query ?