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Affordable Care Act

I had a policy for myself and 2 daughters and got married in September and then was put on the policy of my spouse.  Why does it want me to put the 1095-A information with his filing when he wasn't taking care of my policy before we were married?

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1 Best answer

Accepted Solutions
Mike9241
Level 15
Intuit Approved! This answer has been verified for accuracy by an Intuit expert employee

Affordable Care Act

On a joint return each spouse must enter all their tax information. so even though the ACA coverage was before you were married it must be reported on the joint 1040.

Married taxpayers. If you are considered married for federal income tax purposes, you must file a joint return with your spouse to take the PTC. 2 exceptions which I don't think apply in your situation. 

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If you file separate returns and don't meet either exception or spousal abandonment you are not allowed any PTC and must repay all APTC receive. . 

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Exception 1—Certain married persons living apart. You may file your return as if you are unmarried and take the PTC if one of the following applies to you.
•You file a separate return from your spouse on Form 1040 or 1040-SR because you meet the requirements for Married persons who live apart under Head of Household in the Instructions for Form 1040.
Exception 2—Victim of domestic abuse or spousal abandonment. If you are a victim of domestic abuse or spousal abandonment, you can file a return as married filing separately and take the PTC for 2022 if all of the following apply to you.
•You are living apart from your spouse at the time you file your 2022 tax return.
•You are unable to file a joint return because you are a victim of domestic abuse (described next) or spousal abandonment (described below).
•You check the box on your Form 8962 to certify that you are a victim of domestic abuse or spousal abandonment.
•You do not meet the 3-year limit for Exception 2, described below.
Domestic abuse. Domestic abuse includes physical, psychological, sexual, or emotional abuse, including efforts to control, isolate, humiliate, and intimidate, or to undermine the victim's ability to reason independently. All the facts and circumstances are considered in determining whether an individual is abused, including the effects of alcohol or drug abuse by the victim’s spouse. Depending on the facts and circumstances, abuse of an individual’s child or other family member living in the household may constitute abuse of the individual. If you have concerns about your safety, please consider contacting the confidential 24-hour National Domestic Violence Hotline at 1-800-799-SAFE (7233), or 1-800-787-3224 (TTY), or 1-855-812-1001 (video phone, only for deaf callers). For additional information and resources, see Pub. 3865, Tax Information for Survivors of Domestic Abuse, available at IRS.gov/Pub3865 and Part V of Form 8857, Request for Innocent Spouse Relief, available at IRS.gov/Form8857.
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Spousal abandonment. A taxpayer is a victim of spousal abandonment for a tax year if, taking into account all facts and circumstances, the taxpayer is unable to locate his or her spouse after reasonable diligence.

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Three-year limit for Exception 2. You cannot claim the PTC using this exception for more than 3 consecutive years. For example, if you used this exception to claim the PTC on your tax returns for 2019, 2020, and 2021, you cannot use this exception to claim the PTC on your 2022 return.

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View solution in original post

1 Reply
Mike9241
Level 15
Intuit Approved! This answer has been verified for accuracy by an Intuit expert employee

Affordable Care Act

On a joint return each spouse must enter all their tax information. so even though the ACA coverage was before you were married it must be reported on the joint 1040.

Married taxpayers. If you are considered married for federal income tax purposes, you must file a joint return with your spouse to take the PTC. 2 exceptions which I don't think apply in your situation. 

**************************************

If you file separate returns and don't meet either exception or spousal abandonment you are not allowed any PTC and must repay all APTC receive. . 

**********

Exception 1—Certain married persons living apart. You may file your return as if you are unmarried and take the PTC if one of the following applies to you.
•You file a separate return from your spouse on Form 1040 or 1040-SR because you meet the requirements for Married persons who live apart under Head of Household in the Instructions for Form 1040.
Exception 2—Victim of domestic abuse or spousal abandonment. If you are a victim of domestic abuse or spousal abandonment, you can file a return as married filing separately and take the PTC for 2022 if all of the following apply to you.
•You are living apart from your spouse at the time you file your 2022 tax return.
•You are unable to file a joint return because you are a victim of domestic abuse (described next) or spousal abandonment (described below).
•You check the box on your Form 8962 to certify that you are a victim of domestic abuse or spousal abandonment.
•You do not meet the 3-year limit for Exception 2, described below.
Domestic abuse. Domestic abuse includes physical, psychological, sexual, or emotional abuse, including efforts to control, isolate, humiliate, and intimidate, or to undermine the victim's ability to reason independently. All the facts and circumstances are considered in determining whether an individual is abused, including the effects of alcohol or drug abuse by the victim’s spouse. Depending on the facts and circumstances, abuse of an individual’s child or other family member living in the household may constitute abuse of the individual. If you have concerns about your safety, please consider contacting the confidential 24-hour National Domestic Violence Hotline at 1-800-799-SAFE (7233), or 1-800-787-3224 (TTY), or 1-855-812-1001 (video phone, only for deaf callers). For additional information and resources, see Pub. 3865, Tax Information for Survivors of Domestic Abuse, available at IRS.gov/Pub3865 and Part V of Form 8857, Request for Innocent Spouse Relief, available at IRS.gov/Form8857.
*****************************

Spousal abandonment. A taxpayer is a victim of spousal abandonment for a tax year if, taking into account all facts and circumstances, the taxpayer is unable to locate his or her spouse after reasonable diligence.

*************************

Three-year limit for Exception 2. You cannot claim the PTC using this exception for more than 3 consecutive years. For example, if you used this exception to claim the PTC on your tax returns for 2019, 2020, and 2021, you cannot use this exception to claim the PTC on your 2022 return.

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