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Injured Spouse ref ACA health insurance (1095-A)

My spouse underestimated our income for his ACA Healthcare (1095-A) and has to repay ALL of the "credit" given to him. (I am on Medicare - SSD.) In Arizona, am I "obligated to pay" that OR can I file an "injured spouse form" and still get my portion of a tax refund back? 

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1 Reply
BillM223
Expert Alumni

Injured Spouse ref ACA health insurance (1095-A)

No, it seems that "innocent spouse" is more appropriate.

 

The IRS says

Don’t file Form 8379 if you are claiming innocent spouse relief. Instead, file Form 8857. Generally, both spouses are responsible for paying the full amount of tax, interest, and penalties due related to your joint return. However, if you qualify for innocent spouse relief, you may be relieved of part or all of the joint tax liability. You may qualify for relief from the joint tax liability if any of the following apply.

There is an understatement of tax because your spouse omitted income or claimed false deductions or credits, and you didn't know or have reason to know of the understatement...

In this case, you could claim "innocent spouse" if you can show that you did not know or did not have reason to know that he did this.

 

On the 8857 page, the IRS says

Taxpayers file Form 8857 to request relief from tax liability, plus related penalties and interest, when they believe only their spouse or former spouse should be held responsible for all or part of the tax.

 

To enter form 8857, go to Other Tax Situations->Miscellaneous Forms->Report an injured or innocent spouse claim.

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