Can I still file form 8962 if my health insurance premiums are being paid by my former employer as part of my retirement plan?

[KrisD15]

Form 8962 is to reconcile the Health Premium Tax Credit. 

If your former employer is paying your health insurance premiums, you would not need to purchase insurance through the Marketplace and you should not have a 1095-A, nor any need to file Form 8962. 

Please check with your employer to see if the health insurance payments are coming out of your retirement income, rather than the employer actually paying it. If they are simply deducting the premiums from your funds, you could claim what you paid as medical expenses. 

If your question is something different, please explain. 

[deframj]

Thanks for the answer - Probably the most intelligent answer I received so far. The IRS told me to take the credit! I don’t think I should have enrolled in a health plan through the market, but I was told by the insurance company that I needed to enroll through the market rather than with the insurance directly. My former employer funds my health spending account (HSA) to the point where it covers about 85% of the premiums. I received a 1095-A from the state (CT) health exchange, and a 1095-B from my former employer! They can’t both be right. I will call the HR department and notify them.

[BillM223]

Is the plan that you have from the marketplace a High Deductible Health Plan (HDHP)? It probably says that it is on your card, and in any case, you can call the insurance company and ask them.

In order for your former employer to make contributions to your HSA, you would have to have HDHP coverage and nothing else.

It is possible for a marketplace plan to be an HDHP.

If, however, your policy is not an HDHP, then all contributions to the HSA are in error, and you will have to fix that. If this is the case, let me know.

I assume that you are receiving a W-2 with a code W in box 12. This would be the amount of contributions to your HSA by and through your former employer. I also assume that Wages in boxes 1, 3, and 5 on the W-2 are zero or blank (because HSA contributions are not taxable, so are removed from your income).

If this is all the case, then any premiums paid for with HSA dollars are not tax deductible, since you used tax-advantaged dollars to pay them. The same is true of the premiums paid for with the Premium Tax Credit (the reason you went to the marketplace for insurance).

Your employer sending you a 1095-B worries me. This suggests that your employer also is paying for a separate health insurance policy for you. If all they are doing is making contributions to your HSA, then they should not have sent you a 1095-B. The 1095-B is to report employer-sponsored insurance, and it seems from your story that you have insurance from the marketplace, not your employer.