Question about 1095a, can anyone help?

[Qubix1984]

Me and my sons mom live together. We are not married. She received a 1095a through the marketplace. Can I still claim him as a dependant as head of household?

I think we messed up... she filed her taxes as single and included the 1095a information for our son but did not claim him as a dependant. I filed as head of household and claimed our son but did not include 1095a on my return because she did the 1095 for him on hers... 

Did I mess this up? Any help very appreciated.

[rlong21289]

Hello. If the child is not your child, step child (married to child's mother), adopted child, foster child etc, you wouldn't meet the tax law requirement to claim Head of Household for that child. If you had another child that qualified you for that filing status, that would be fine.

Regarding the 1095A, it matters who the primary insurance holder is. If the child's mother is the primary insurance holder, she could reconcile the Premium Tax Credit(PTC) on her return. So if you are claiming the child as a dependent, you will need to indicate the 1095A is reconciled on another return. Let me know if you have more questions.

[Qubix1984]

Thanks for the reply. I am the biological father and have claimed him all years prior

 So you are saying you cant claim head or household while claiming a stepchild as a dependant?

I ask because it seems I messed up and listed my son as "stepchild" on my return by accident , hes actually my biological son.

[ColeenD3]

If both the mother and child are on the Form 1095-A ,but she doesn't claim him, you will need to include the 1095-A on your return, if you do claim him. The amounts on the form will have to be prorated between the two returns.

[Qubix1984]

She included the 1095 on her return but didnt claim him. She has already received her tax return deposit. 

I claimed him, but didn't include the 1095a(because she did)

What do I do now? She has already received her return and mine is accepted but not approved:(

[ColeenD3]

You can still claim the 1095-A. If your son is on the form, and you claim him, then you can include it. When she input the information on her return, she probably claimed 100% of all the amounts listed. That would leave you with zero percent of the amounts.

You can indicate that you shared the policy and prorate.  You can decide the proration amounts  between you but the pro-rations must add up to 100%.  What percentage of the following policy amounts do you want to claim on your tax return?  See "How do I figure out these percentages?" when you get to that screen.

Child/Children on another tax return

If you share a policy with someone who is claimed on another tax return (usually a child), you can take the number of people on your tax return who are covered on that plan and divide it by the total number of people on the plan. This would be your percentage of premiums, SLCSP and advanced payment of the premium tax credit, unless you agreed on a different number beforehand. (This would have applied to her.)

[Qubix1984]

Yes, she claimed 100% of the amounts and already received her refund in the bank account. 

As I mentioned I claimed head of household and claimed him but did not include the 1095 in my return... so I'm worried I did this wrong? :(

[ColeenD3]

"

Yes, she claimed 100% of the amounts and already received her refund in the bank account. 

As I mentioned I claimed head of household and claimed him but did not include the 1095 in my return... so I'm worried I did this wrong"

Yes, it is wrong. You need to amend and enter the 1095-A for your child and claim 0% of the amounts. Otherwise, you will get a letter from the IRS.

Amendment

1. Sign in to TurboTax.
2. Scroll down to Your tax return & documents (you may need to select Show), select 2019 and then Amend (change) return.

• If you only see the option to amend 2018 or earlier, it's because you can't amend an unfiled 2019 return. Instead, just select Pick up where you left off, make your changes, and disregard the rest of these instructions.

1. Select Amend using TurboTax Online.
2. Carefully follow the instructions. Don't worry if your refund changes to $0. This is normal on amended returns.
3. When finished, we'll give you instructions for printing and mailing your amended return as amendments can't be e-filed.

[rlong21289]

Most likely the irs will send you a letter requesting a copy of Form 1095A & Form 8962 because of the dependent.  On Form 8962, you will have to complete line 1(number of people on return), line 9(check "yes"), line 30a-d(info from form 1095A), line 30 e-g would be 0% for you).  Let me know if you have additional questions. 

[Qubix1984]

So they would reject my return then send me the letter, or should my return go through and they will request this after?

Thank you

[JamesG1]

If the 1095-A is in her name, I do not think the IRS will know that you need to prepare an IRS form 8962.

I suspect that your tax return will be accepted unless there is something else that causes a rejection.

If the IRS does not send you a letter, you will amend and include the IRS form 8962 with your tax return.  Follow these directions. 

• Log into your return
• Select that you want to Add a state - this lets you into the program without the amend process starting.
• In the top right corner, locate the Magnifying glass/Search. 
• Enter the exact words 1095a.
• Select the first entry Jump to 1095a.
• Fill in the 1095a information.
• The software will print out the 8962 and other forms to be mailed with the amended tax return.