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The direct answer to your question is "Yes", if she does legitimate work for her pay (in other words, you can't pay her $14,000 a year if she only works a few hours a week).
HOWEVER, you may not need to do that. There is a provision that aliens that are not eligible for Medicaid still qualify for the Premium Tax Credit if their income is lower than the usual threshold. The 'catch' of that is that one of the other rules is that she can't qualify as your dependent on your tax return. If her income is over $4050, that would disqualify her from being a dependent.
(5) Individuals lawfully present. If a taxpayer's household income is less than 100 percent of the Federal poverty line for the taxpayer's family size and the taxpayer or a member of the taxpayer's family is an alien lawfully present in the United States, the taxpayer is treated as an applicable taxpayer if -
(i) The lawfully present taxpayer or family member is not eligible for the Medicaid program; and
(ii) The taxpayer
would be an applicable taxpayer if the taxpayer's household income for
the taxable year was between 100 and 400 percent of the Federal poverty
line for the taxpayer's family size.
The direct answer to your question is "Yes", if she does legitimate work for her pay (in other words, you can't pay her $14,000 a year if she only works a few hours a week).
HOWEVER, you may not need to do that. There is a provision that aliens that are not eligible for Medicaid still qualify for the Premium Tax Credit if their income is lower than the usual threshold. The 'catch' of that is that one of the other rules is that she can't qualify as your dependent on your tax return. If her income is over $4050, that would disqualify her from being a dependent.
(5) Individuals lawfully present. If a taxpayer's household income is less than 100 percent of the Federal poverty line for the taxpayer's family size and the taxpayer or a member of the taxpayer's family is an alien lawfully present in the United States, the taxpayer is treated as an applicable taxpayer if -
(i) The lawfully present taxpayer or family member is not eligible for the Medicaid program; and
(ii) The taxpayer
would be an applicable taxpayer if the taxpayer's household income for
the taxable year was between 100 and 400 percent of the Federal poverty
line for the taxpayer's family size.
Is she your income tax dependent? Could you add her to your plan?
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