File 1095A allowcation

[laithfraij]

Me and my wife filing tax as a nonresident alias married file separately she had zero income during 2022 can I assign the APTC 100% for her and 0% for me to avoid pay back the APTC 

[DoninGA]

No.

IRS Form 8962, Premium Tax Credit, page 5 - https://www.irs.gov/pub/irs-pdf/i8962.pdf#page=5

Married filing separately. If you file as married filing separately and are not a victim of domestic abuse or spousal abandonment, then you are not an applicable taxpayer and you cannot take the PTC. You must generally repay all of the APTC paid for a qualified health plan that covered only individuals in your tax family.

[laithfraij]

what should be the allocation %

[Critter-3]

Who is on the 1095-A ?   If you both are on the insurance and are filing separately then both of you must file a return even if you have no income and it really doesn't matter the allocation amount since ALL of the advance will have to be repaid on one return or the other.   Therefore why are you not filing jointly ???

[NCperson]

@laithfraij other than repayment of student loan debt, I have yet to find a situation where a married couple is financially better off filing Separate.  Congress protects the sactity of marriage, so it turns out filing Joint is a better financial outcome than filing Separate.  96% of married couples file Joint.