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Possi

Premium tax credit and marriage

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My client had marketplace insurance for 3 months in 2018, then got married and went on hubby's insurance.

She is already separated and filing MFS. 

She has to pay back all of the advance payments, almost $1500. According to the instructions, MFS cannot use the alternative calculation. 

I have searched and read the instructions for the 8962, and I do not see any way that she won't have to pay this back.  

Am I missing something?  Can she apply for relief within this tax return? Can she apply for relief outside the tax return? 

 

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I am trying to remember if their is some kind of exception for abused spouses.  As fast as this went south, I wondered if that were the situation.  But I really have nothing without doing some research and maybe not even then.

 

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From my sleep-deprived memory, I think the "help" for abused spouses has to do with filing MFS withOUT having to pay everything back. Look for that exception within the form, maybe. That's all I got.

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On 3/16/2019 at 11:47 AM, Lion EA said:

From my sleep-deprived memory, I think the "help" for abused spouses has to do with filing MFS withOUT having to pay everything back. Look for that exception within the form, maybe. That's all I got.

I did find that! I can't USE it, but I found it~ Thanks everybody. 

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On 3/14/2019 at 4:12 PM, Possi said:

My client had marketplace insurance for 3 months in 2018, then got married and went on hubby's insurance.

She is already separated and filing MFS. 

She has to pay back all of the advance payments, almost $1500. According to the instructions, MFS cannot use the alternative calculation. 

I have searched and read the instructions for the 8962, and I do not see any way that she won't have to pay this back.  

Am I missing something?  Can she apply for relief within this tax return? Can she apply for relief outside the tax return? 

 

 

I'll take a shot at an answer:  Isn't her payback limited by her or is she paying it all back because she has high income?

Edited by jklcpa
moved reply to outside of quote box

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