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If you buy private insurance on the Marketplace and are receiving an insurance premium reimbursement as a taxable bonus, then your tax position is that you can use that as the basis for the premium tax credit (if you qualify) and/or the itemized deduction for medical expenses (but this deduction is limited and you may not benefit very much).
Your employer's tax position is that they are in clear violation of the Affordable Care Act and are subject to a non-compliance penalty of $100 per day per employee going back to whenever they came up with this scheme. The fact that they are breaking the law does not directly affect how you prepare your tax return. (It may affect you down the road because if your employer gets caught, they will have to change their system.)
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Your employer's legal options are to provide group health insurance coverage, or to remove the conditions on the bonus payment. If they provide group coverage, then the share they pay is a pre-tax business deduction for them, and the share you pay is a pre-tax deduction for you. If they remove the conditions on the payment, then it simply becomes a pay raise that they have no control over. You can spend it on anything you want, and if you happen to spend it on insurance, you can use the deduction and PTC the same as now. But they can't ask you for proof you really are buying insurance.
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