Another Health care tax question!

[jpborn 0]

Hi Everyone,

I searched around for this but had no luck finding anything directly related to this, so quick question, I made a mistake on my taxes and have to refile an 8962 for my wife because she didn't have health coverage for three months in 2015. We got her green card and she arrived in the US Feb 28 but we didn't get health coverage until April 1...now, my question is can I claim an exemption because she was out of the country and not a resident alien yet? The information on this is extremely complicated, and I can't seem to get a clear read on whether she qualifies for such an exemption, again, even though she was out of the country anyway??!!

Why should we have to pay this penalty for three months when she was only here for one month without health insurance. Yes I should have probably arranged to have it for her in advance but $1500 is a huge amount to lose here...

Thanks in advance!

JP

[rutabaga 209]

She should be exempt for any month during which she was not lawfully present in the US. (I would think not being present period falls under not being lawfully present.)

P.S. And I do believe having an exemption for even one day in February would make her eligible to apply that exemption for the entire month.

P.S. 2: https://www.irs.gov/Affordable-Care-Act/Individuals-and-Families/ACA-Individual-Shared-Responsibility-Provision-Exemptions

Exemptions

[...]

Citizens living abroad and certain noncitizens - You are:

[...]

A nonresident alien, including (1) a dual-status alien in the first year of U.S. residency and (2) a nonresident alien or dual-status alien who elects to file a joint return with a U.S. spouse;

[...]

Edited March 29, 2016 by rutabaga