California military filer stationed in Virginia, separated in July, lost Tri-care and missed the 60 day window. Will I pay for the no healthcare penalty?

[carveid4]

Hi,

California military filer here and trying to figure out if I need to pay for the healthcare no-coverage penalty for the year 2022.

My situation:

1. A military service member from 2016 to 2022
2. Califonia domicile, but stationed in Virginia under order since 2019, never entered Califonia since then
3. Always filed Califonia state tax
4. Separated July 8th, 2022, lost Tri-care coverage, no more W2 income
5. Married since 2021, my spouse is a Virginia resident with full health insurance coverage for the year 2022, but I am not under his policy. The earliest date to be added to his policy is Jan 2023
6. Spouse never entered Califonia after marriage
7. Will file 2022 Federal tax jointly with my spouse
8. Will file the 2022 state tax separately. I will file California state tax and my spouse files Virginia state tax
9. 2022 Household income around 100k
10. No child
11. Miss the 60-day window after Sept 8th for applying for a health plan outside of the open enrollment period

Based on the situation above, will I suffer the penalty? 

Thank you!

[Bsch4477]

If you get coverage any time in October you will avoid the penalty since you will have an exception for August and September. 

[carveid4 · Accepted solution]

Thank you for the answer!

I did just get my Veteran Affairs benefits approved starting October so I am all good now!

Also, I read California's FTB (Franchise Tax Board) instruction on residency definition (FTB Pub1031,1032), I am considered a partial/nonresident of CA since I am stationed outside of CA the whole year so it is considered an exemption: Link 

Exemptions Claimed on State Tax Return

• Certain citizens living abroad/residents of another state or U.S. territory

So I don't need to worry about it anymore.

Woohoo!