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New Member
posted Jun 4, 2019 3:12:50 PM

I have a work permit so I am not a U.S resident . My employer provided health insurance for only half of the year. Do I have to pay a penalty for the other half?

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7 Replies
Level 9
Jun 4, 2019 3:12:51 PM

First, let's deal with your Residency.  "Resident" for tax purposes is different than a "Resident" for immigration purposes.

What type of visa do you have?
How long have you been in the US?  What date did you arrive in the US?
Have you been in the US since you arrived?  If not, give details.
Are you married?  If so, is your spouse in the US?  If so, are they a US Citizen or Green Card holder, or have they been in the US longer than you (if so, how long have they been in the US)?

New Member
Jun 4, 2019 3:12:53 PM

I have the Deferred Action for Childhood Arrivals.

Level 9
Jun 4, 2019 3:12:54 PM

No, you do not need to pay the penalty for the other half of the year you did not have health insurance.

Assuming you were in the US for most of 2017, you are considered a "Resident Alien" for tax purposes.  However, for purposes of the healthcare penalty, a person on DACA status is considered as "not lawfully present".

In TurboTax, you will say you only had health insurance for part of the year.  Then it will bring you to a screen asking if you have a situation that qualifies to waive the penalty.  Check the box called "Not a legal US Resident" (even though you are legally in the US, that is the proper box to check).  That will enter the proper code to waive the penalty for your DACA status.

New Member
Jun 4, 2019 3:12:56 PM

Okay thank you for your help!!

Level 9
Jun 4, 2019 3:12:57 PM

You are welcome.

New Member
Jun 4, 2019 3:12:58 PM

why DACA? will a regular work visa holder qualify for the same exemption?

New Member
Jul 25, 2019 2:42:14 PM


What type of visa do you have? E3
How long have you been in the US?  What date did you arrive in the US? 3 years -came in 06/2016
Have you been in the US since you arrived?  If not, give details - i travel back and forth for work
Are you married?  If No

 

thank you!