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Level 1
March 17, 2020
Question

8962 Request

  • March 17, 2020
  • 1 reply
  • 6 views

My daughter divorced her first husband years ago and have a son. The ex is required to maintain health insurance for their son, they share custody.  They also split claiming their son as a dependent, she gets the odd years.  2019 was daughters turn to claim him, she has remarried and both her and new spouse work and had health insurance and received a 1095-B's. Her ex however had to use the market place for insurance for him and his son and received a 1095-A. Upon my daughter filing her joint return with her son the IRS flagged the return due to the 1095-A tied to her son and now needs to file form 8962, does thus make sense.

1 reply

KathrynG3
Level 14
March 17, 2020

Yes. It is per Allocation Situation 4, as detailed on page 18 of 2019 Form 8962 Instructions. Basically, your daughter will need to file Form 8962 and indicate 0% in Part IV.

 

This would effectively allocate the insurance coverage Form 1095-A reporting 100% to her first husband, accurately describing her son's coverage.