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IRS Fact Sheet 2022-13  Q # 9


"9. 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."

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