I am married, filing separately. But my 1095-A is in my husbands name as recipient but I am the covered individual

[MelaineC]

You will need to get a copy of your husbands' 1095-A and enter it on your tax return.  On the screen after entering the 1095-A, you will check the box indicating that the policy was shared by somebody that is not on your tax return.  It will then prompt you with further questions to determine how much of it is "allocated" to you (even if it is 0%). Your husband would follow this same procedure.

If there was Advance credit received (column C of the 1095-A), your husband has the option to claim 100% of the 1095-A on their tax return, or to "allocate" part (or all) of it to you.  If you both agree, the allocation can be anywhere from 0% to 100%.  If you can not agree and Advance credit was received (column C on the 1095-A), then it is divided by the number of people on the insurance policy.  For example, if the insurance policy covers 4 people, each person is allocated 25%.  If he paid the entire amount then he would claim 100%, if you paid half and he paid the other half, then each of you would put 50%.

If you do not have a copy, you can ask your husband, you both can get one from HealthCare.gov or you can call them at the number on their site;

How to find your 1095-A online

1. Log in to your HealthCare.gov account.
2. Click the green "Start a new application or update an existing one" button.
3. Choose "Go to my applications & coverage" at the bottom of the screen.
4. Under "Your existing applications," select your 2016 application — not your 2017 application.

[Notorious Reflex]

Please check https://www.irs.gov/affordable-care-act/individuals-and-families/the-premium-tax-credit-the-basics

Filing MFS will disqualify any Premium Credit unless it fits the IRS definition of victim of domestic abuse or spousal abandonment

[pjiggins]

im preparing the income tax return to both .  married filling separate.

how should i fill out the 1095a,  both are on the 1095 a

should i divide 50% column c

[DoninGA]

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@pjiggins wrote:

im preparing the income tax return to both .  married filling separate.

how should i fill out the 1095a,  both are on the 1095 a

should i divide 50% column c

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You applied for the Health Care insurance as filing jointly.  

Please check https://www.irs.gov/affordable-care-act/individuals-and-families/the-premium-tax-credit-the-basics

Filing MFS will disqualify any Premium Credit unless it fits the IRS definition of victim of domestic abuse or spousal abandonment

[Tcalvind]

[PII Removed]

[dreid3003]

Turbo Tax premium 2021 did not disqualify credits or warn me of an error when creating 2 MFS returns for us in an attempt to reduce to excess credits paid.  In the returns I indicated that we live together and responded in the negative that the two conditions (spousal abuse or abandament).  Regardless am I understanding correctly that I cannot file MFS to reduce the liability I face due to excess credits paid?

[RaifH]

If your filing status is married filing separately, and you are not filing that way due to spousal abuse or abandonment, then you are not eligible for the premium tax credit. Any advanced premium tax credits that you received that would have been reported on Form 1095-A must be paid back on your tax return. The amount you have to repay may be limited if your income is under 400% of the federal poverty line.

@dreid3003

[dreid3003]

I am filing as married filing separately to reduce the amount of the APTC I have to repay, not due to spousal abuse or abandonment. I am unsure of the language; can I go ahead and file as MFS and benefit from a payback limit or will my return be rejected?

[dreid3003]

I am filing as married filing separately to reduce the amount of the APTC I have to repay, not due to spousal abuse or abandonment. I am unsure of the language; can I go ahead and file as MFS and benefit from a payback limit or will my return be rejected?

Q9. Am I definitely ineligible for the premium tax redit if I'm married but I file my tax return using the filing status married filing separately?

A9. No. If you are married and you file your tax return using the filing status married filing separately, you may be eligible for the premium tax credit if you meet the criteria in section 1.36B-2(b)(2) of the Income Tax Regulations, which allows certain victims of domestic abuse and spousal abandonment to claim the premium tax credit using the married filing separately filing status. You can claim this relief from the joint filing requirement if you meet all of the following criteria:  

• You are living apart from your spouse at the time you file your tax return.
• You are unable to file a joint return because you are a victim of domestic abuse or spousal abandonment (see Q13).
• You certify on your return that you are a victim of domestic abuse or spousal abandonment.

[RaifH]

You are not eligible for the premium tax credit and have to repay the advanced premium tax credit you have received. You still may get protection from having to repay the full amount, as that is based on your income level. You are not prevented from taking advantage of the repayment limitation because you are using the married filing separately filing status. 

If you are filing separately solely to avoid having to repay the entire premium tax credit you have received because your spouse's income would necessitate having to pay back the full amount, you will have to weigh the savings of having your repayment limited versus potentially losing out on lower tax rates and other credits that you may not be eligible for if you filed jointly instead of separately. Be sure to consider the impact on your state taxes as well as your federal return, if applicable. 

TurboTax will tell you when you enter the information from Form 1095-A:

• The amount of advanced premium tax credit you already received
• The amount of premium tax credit you are eligible for ($0 if married filing separate)
• Your repayment limitation
• The actual amount you have to pay back (the lower of the repayment limitation or the amount of premium tax credit you received)

@dreid3003

[dreid3003]

I am eligible for the premium tax credit if we file jointly but we will realize a net savings of $2635 (Fed & State combined) by filing separately due to the payback limitation. We both went to Medicare in 2021 so will no longer be applying for coverage under the Affordible Care Act. So as long as we can switch back to filing jointly for 2022 I think it's a go.

Thank you for your comments!

[beshelton7]

I'm preparing a return:

He is covered by his parent's health care, with $75k w2.

She has a 1095-A with $20 w2.

They were married in 2024.

I'm filing them MFS to have a lesser tax hit.

Agree?

[DaveF1006]

No, I don't agree without looking the actual tax return. My suggestion is to prepare a MFJ and then prepare two MFS returns to see which is more advantageous. 

@beshelton7 

[beshelton7]

Thank you for responding. I did exactly what you said, and MFS keeps the most money in the household.