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Our non-dependent son is on our 2024 1095-A. He made substantially less than us. Is allocating 100% of the 1095-A to his return legal or will it cause an audit?

The 1095-A is in my wife's name and includes the 3 of us as covered individuals for the full year. Since the PTC was based on our much higher income, allocating 100% of the 1095-A to our non-dependent son causes him to have a massive tax refund of 14k+ (while our tax remains unchanged). He barely made enough to cover the premiums so doing this seems like it would cause problems with IRS.
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2 Replies
MindyB
Employee Tax Expert

Our non-dependent son is on our 2024 1095-A. He made substantially less than us. Is allocating 100% of the 1095-A to his return legal or will it cause an audit?

Yes, this is legal.  You may make allocations with people on your plan that file a separate return in any way that you choose. The only stipulation is that the allocations sum to 100% and you are in agreement.

 

Here is some information you may find helpful: I'm on my parents' 1095-A form. What do I do on my return?

Our non-dependent son is on our 2024 1095-A. He made substantially less than us. Is allocating 100% of the 1095-A to his return legal or will it cause an audit?

Thanks Mindy for the quick and concise reply. This seems like a massive tax loophole but we will move forward this way. 

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