Affordable Care Act: PUBLICATION What You And Your 5187 Family Need To .

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Affordable Care Act:What You and YourFamily Need to KnowPUBLICATION5187Tax Year 2020Get forms and other information faster and easier at:IRS.gov (English)IRS.gov/Chinese (中文)IRS.gov/Russian (Pусский)IRS.gov/Spanish (Español)IRS.gov/Korean (한국어)IRS.gov/Vietnamese (TiếngViệt)

Table of ContentsIntroduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Affordable Care Act Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4Individual Shared Responsibility Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Premium Tax Credit and Advance Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9U.S. Citizens Living Abroad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16Glossary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172AFFORDABALE CARE ACT: WHAT YOU AND YOUR FAMILY NEED TO KNOW

IntroductionThis publication covers some of the tax provisions of the Affordable Care Act (ACA). It provides information aboutthe individual shared responsibility and the premium tax credit. A glossary is included to help taxpayers understandsome terms related to the health care law.What’s New?Under the Tax Cuts and Jobs Act, passed December 22, 2017, the amount of the individual shared responsibilitypayment is reduced to zero for months beginning after December 31, 2018.Beginning in tax year 2019 and beyond, Forms 1040 and 1040-SR will not have the “full-year health care coverage orexempt” box and Form 8965, Health Coverage Exemptions, will no longer be used.You need not make a shared responsibility payment or file Form 8965, Health Coverage Exemptions, with your taxreturn if you don’t have minimum essential coverage for part or all of the year.Reminder from the IRS: If you need health coverage, visit HealthCare.gov to learn about health insurance optionsthat are available for you and your family, how to purchase health insurance, and how you might qualify to getfinancial assistance with the cost of insurance.Taxpayers who enrolled in coverage through the Health Insurance Marketplace during the calendar year and whoreceived the benefit of advance payments of the premium tax credit (advance credit payments or APTC) must filea tax return and reconcile any advance credit payments made on their behalf with the premium tax credit they areallowed. f you, your spouse if filing jointly, or a dependent received advance payments of the premium tax creditthrough the Health Insurance Marketplace, you must complete Form 8962, Premium Tax Credit. Filing your returnwithout Form 8962 will delay your refund and may affect future advance credit payments.What forms may be used to prepare the return? Form 1095-A, Health Insurance Marketplace Statement Form 1095-B, Health Coverage Form 1095-C, Employer-Provided Health Insurance Offer & Coverage Form 8962, Premium Tax Credit, & InstructionsForm 8965, Health Coverage Exemptions & Instructions, will not be available beginning in tax year 2019 and beyond.You need not make a shared responsibility payment or file Form 8965 with your tax return if you don’t have minimumessential coverage for part or all of the year.Taxpayers, tax professionals, and volunteer preparers should consider preparing and filing tax returns electronically.Using tax preparation software is an easy way to file a complete and accurate tax return as it does the math andcompletes the appropriate forms based on information provided by the taxpayer. Visit IRS.gov for informationabout electronic filing options, including IRS Free File. The IRS Volunteer Income Tax Assistance (VITA) and the TaxCounseling for the Elderly (TCE) programs offer free tax help and e-file for taxpayers who qualify. Learn More AboutFree Tax Return PreparationWhat publications may be useful? Publication 17, Your Federal Income Tax (For Individuals) Publication 974, Premium Tax CreditThe IRS resource page on IRS.gov/aca is updated as new information is available.AFFORDABALE CARE ACT: WHAT YOU AND YOUR FAMILY NEED TO KNOW3

Affordable Care Act OverviewWhat is the Affordable Care Act?Under the Affordable Care Act, the federal government, state governments, insurers, employers, andindividuals share responsibility for improving the quality and availability of health insurance coverage in theUnited States.The ACA created the Health Insurance Marketplace, also known as the Marketplace. At the Marketplace,which may be a State-based or Federally-facilitated Marketplace, taxpayers can find information abouthealth insurance options, enroll in qualified health plans and, if eligible, obtain help paying premiums andout-of-pocket costs. A taxpayer is allowed a premium tax credit only if the taxpayer, the taxpayer’s spouse iffiling a joint return or a member of the taxpayer’s family whom the taxpayer claims as a dependent enrolledin a qualified health plan through a Marketplace. This credit helps eligible taxpayers pay for coverage.The ACA also includes the individual shared responsibility provision, which requires individuals to havequalifying health care coverage for each month of the year, qualify for a coverage exemption, or make ashared responsibility payment when filing their federal income tax returns. Under the Tax Cuts and Jobs Act,passed December 22, 2017, the amount of the individual shared responsibility payment is reduced to zerofor months beginning after December 31, 2018.For purposes of the ACA, qualifying health care coverage is also called minimum essential coverage. Mosttaxpayers already had minimum essential coverage prior to the start of the year and only had to maintainthat coverage during the entire year. Prior to tax year 2019, taxpayers and their dependents who hadminimum essential coverage for each month of the year,simply checked a box on Form 1040 indicating thatcoverage when they filed.Some taxpayers are exempt under the individual shared responsibility provision and, prior to tax year 2019,would have filed Form 8965, Health Care Exemptions, to claim a coverage exemption. Beginning in tax year2019 and beyond, Forms 1040 and 1040-SR will not have the “full-year health care coverage or exempt”box and Form 8965, Health Coverage Exemptions, will no longer be used as the shared responsibilitypayment is reduced to zero.You need not make a shared responsibility payment or file Form 8965, Health Coverage Exemptions, withyour tax return if you don’t have minimum essential coverage for part or all of the year.AFFORDABALE CARE ACT: WHAT YOU AND YOUR FAMILY NEED TO KNOW4

Individual Shared Responsibility ProvisionWhat is the individual shared responsibility provision?For each month of the year, the individual shared responsibility provision calls for individuals to have qualifying healthcare coverage also called minimum essential coverageIndividuals are treated as having minimum essential coverage for the month as long as the individuals are enrolledin and entitled to receive benefits under a plan or program identified as minimum essential coverage for at least oneday during that month.Who must have health care coverage?In general, all U.S. taxpayers are subject to the individual shared responsibility provision. Under the provision, ataxpayer must ensure that every nonexempt member of the tax household (that is, the taxpayer himself or herself,and for any individual the taxpayer could claim as a dependent for federal income tax purposes have minimumessential coverage). Thus, children must have minimum essential coverage or qualify for a coverage exemption foreach month in the year.Senior citizens must also have minimum essential coverage for each month in the year. Both Medicare Part A andMedicare Part C (also known as Medicare Advantage) are minimum essential coverage. After Dec. 31, 2018, theshared responsibility payment is reduced to zero. Taxpayers age 65 or older will have the option to use new Form1040-SR, U.S. Tax Return for Seniors, when they file their federal income tax return.Beginning in tax year 2019 and beyond, Forms 1040 and Form 1040-SR will not have the “full-year health carecoverage or exempt” box and Form 8965, Health Coverage Exemptions, will no longer be used as the sharedresponsibility payment is reduced to zero.You need not make a shared responsibility payment or file Form 8965, Health Coverage Exemptions, with your taxreturn if you don’t have minimum essential coverage for part or all of the year.All U.S. citizens are subject to the individual shared responsibility provision, as are all non-U.S. citizens who are inthe U.S. long enough during a calendar year to qualify as resident aliens for federal income tax purposes. Foreignnationals who live in the U.S. for a short enough period that they do not become resident aliens for tax purposesare exempt from the individual shared responsibility provision even though they may have to file a U.S. income taxreturn. In addition, all bona fide residents of U.S. territories are exempt from the individual shared responsibilityprovision.What is minimum essential coverage?Under the ACA, minimum essential coverage is a health care plan or arrangement specifically identified in the law asminimum essential coverage, including: Specified government-sponsored programs (for example, Medicare Part A, Medicare Advantage, mostMedicaid programs, CHIP, most TRICARE programs, and comprehensive health care coverage of veterans)Employer-sponsored coverage under a group health plan (including self-insured plans)Individual market coverage (for example, a qualified health plan purchased through the Marketplace orindividual health coverage purchased directly from an insurance company)Grandfathered health plans (in general, certain plans that existed before the ACA and have not changed sincethe ACA was passed)Other plans or programs that the Department of Health and Human Services recognizes as minimum essentialcoverage for purposes of the ACAIRS.gov/aca has a page that shows these and other types of coverage that qualify as minimum essential coverageand some that do not.AFFORDABALE CARE ACT: WHAT YOU AND YOUR FAMILY NEED TO KNOW5

Will taxpayers report minimum essential coverage when they file?Beginning in tax year 2019 and beyond, Forms 1040 and 1040-SR will not have the “Full-year health care coverageor exempt” box and you will no longer report health care coverage when you file.See prior year Form 8965 Instructions on IRS.gov for more information about minimum essential coverage, types ofcoverage exemptions and the shared responsibility payment. If taxpayers owe a shared responsibility payment (SRP)for tax years before 2019, the IRS may offset that liability with any tax refund that may be due to them.6AFFORDABALE CARE ACT: WHAT YOU AND YOUR FAMILY NEED TO KNOW

How will taxpayers claim coverage exemptions with the IRS?Beginning in tax year 2019 and beyond, Forms 1040 and 1040-SR will not have the “Full-year health care coverageor exempt” box and Form 8965, Health Coverage Exemptions, will no longer be available. Because the sharedresponsibility payment for 2019 and subsequent years is reduced to zero, taxpayers need not affirmatively claimcoverage exemptions on their returns.What changes did the Tax Cuts and Jobs Act make to the individual shared responsibilitypayment?Through tax year 2018, if anyone in the taxpayer’s tax household did not have minimum essential coverage, and didnot qualify for a coverage exemption, the taxpayer needed to make an individual shared responsibility payment whenfiling a federal income tax return.Enacted in December 2017, the Tax Cuts and Jobs Act (TCJA) reduced the shared responsibility payment to zero fortax year 2019 and all subsequent years. For January 1, 2019 and beyond, taxpayers are still required by law to haveminimum essential coverage or qualify for a coverage exemption. However, under the TCJA, you need not make ashared responsibility payment or file Form 8965 with your tax return if you don’t have minimum essential coveragefor part or all of the year.Beginning in 2019 and beyond, Forms 1040 and 1040-SR will not have the “Full-year health care coverage orexempt” box.Reminder from the IRS: If you need health coverage, visit HealthCare.gov to learn about health insurance optionsthat are available for you and your family, how to purchase health insurance, and how you might qualify to getfinancial assistance with the cost of insurance.If taxpayers owe a Shared Responsibility Payment for tax years before 2019, the IRS may offset that liability with anytax refund that may be due to them. The IRS routinely works with taxpayers who owe amounts they cannot afford topay. This sometimes includes enforced collection action such as liens and levies. However, the law prohibits the IRSfrom using liens or levies to collect any SRP. If taxpayers owe the SRP, the IRS may offset that liability with any taxrefund that may be due to them.What documentation will taxpayers receive?If you, or another member of your tax household, were enrolled in health insurance during the year through aMarketplace, you will receive a statement from the Marketplace early in the new year relating to last year’s healthinsurance coverage. If you or a family member enrolled in non-Marketplace coverage, the health coverage provideror employer through whom you enrolled may provide a statement to you with your health coverage information foryou, your spouse and any dependents. These forms will also be provided to the IRS.The forms are: Form 1095-A, Health Insurance Marketplace Statement Form 1095-B, Health Coverage Form 1095-C, Employer-Provided Health Insurance Offer and CoverageYou shouldn’t file these forms with your tax return but the information from them may help you complete yourtax return.Most people will get at least one form; however, you may get more than one depending upon your circumstances.You are likely to get more than one form if you had more than one insurance plan or if you worked for more than oneemployer that offered coverage. You are also likely to get more than one form if you changed coverage or employersduring the year or if different members of your family received coverage from different providers.AFFORDABALE CARE ACT: WHAT YOU AND YOUR FAMILY NEED TO KNOW7

Will I get a Form 1095-C from each of my employers?Not necessarily. You will only receive a Form 1095-C from your employer if the employer has 50 or more full-timeor full-time equivalent employees. Most employers have fewer than 50 employees and therefore most employersare not required to issue Form 1095-C to their employees. Although you may receive multiple Forms 1095-C if youworked for two or more employers, it is possible that you will not receive a Form 1095-C from any of your employers.What do I do with these forms?Most people do not have to wait for these forms before filing their individual income tax return. The IRS has posteda set of questions and answers about new Forms 1095-B and 1095-C. The questions and answers explain whoshould expect to receive the forms, how they can be used, and how to file with or without the forms.However, if you, your spouse, or another person whom you claim as a dependent on your tax return enrolled incoverage through a Health insurance Marketplace you will need the information on Form 1095-A to complete Form8962 and file a complete and accurate tax return. If you need a copy of your Form 1095-A, go to HealthCare.gov oryour state Marketplace website and log into your Marketplace account or call your Marketplace call center.If you, your spouse, or another member of your tax household did not enroll in coverage through the Marketplaceyou will not receive Form 1095-A and you do not need to wait for a Form 1095-B or Form 1095-C before you file.You should carefully review any Forms 1095 that you subsequently receive to make sure they accurately reflect yourhealth coverage for the year.Taxpayers who think they should have received a form but did not, need to get a replacement or need a correctedform, should contact the issuer directly: Marketplace (Form 1095-A), Coverage provider (Form 1095-B), Employer (Form 1095-C).8AFFORDABALE CARE ACT: WHAT YOU AND YOUR FAMILY NEED TO KNOW

Premium Tax Credit and Advance PaymentsWho can claim a premium tax credit?Only taxpayers who purchased a qualified health plan for themselves, their spouse if filing a joint return, or a personwhom they claim as a dependent on their tax return from a State-based or Federally-facilitated Health InsuranceMarketplace are eligible for the premium tax credit. This tax credit helps eligible taxpayers pay their health insurancepremiums. When enrolling themselves or a family member in a qualified health plan through the Marketplace, eligibletaxpayers may choose to have advance payments of the premium tax credit made to their insurance companyor forego advance credit payments and wait to get the premium tax credit when they claim it on their tax return.Taxpayers must file a tax return to claim the premium tax credit. Those who choose advance credit paymentsmust file a tax return to reconcile their advance credit payments (the amount of which is based on a projection ofhousehold income) with their actual premium tax credit (which is based on the taxpayer’s actual household income)even if they have gross income below the income tax filing threshold and they otherwise would not have to file a taxreturn.In general, taxpayers are allowed a premium tax credit if they meet all of the following: The taxpayer, or his or her spouse (if filing a joint return) or dependent was enrolled in a qualified health planoffered through the Marketplace for one or more months in which the enrolled individual was not eligible forother minimum essential coverage such as employer-sponsored coverage or government-sponsored coveragesuch as Medicaid or Medicare, and for which the taxpayer’s share of the enrollment premiums was paid by thedue date of the taxpayer’s return (not including extensions).The taxpayer is an applicable taxpayer. A taxpayer is an applicable taxpayer if he or she meets the followingthree requirements: The taxpayer’s household income is at least 100 percent, but not more than 400 percent, of the federalpoverty line for the taxpayer’s family size. (See the exception below for taxpayers with household incomebelow 100 percent of the federal poverty line who are not citizens, but are lawfully present in the U.S. Seethe definition of “applicable taxpayer” in the glossary in this Publication for another exception for taxpayerswith household income below 100 percent of the federal poverty line for whom advance credit paymentswere made.) If married, the taxpayer files a joint return with his or her spouse. If you are considered married for federalincome tax purposes, you may be eligible to take the PTC without filing a joint return if one of the twoexceptions applies to you. If Exception 1 (Certain married persons living apart) applies, you can file a returnusing head of household or single filing status and take the PTC. If Exception 2 (Victim of domestic abuseor spousal abandonment) applies, you are treated as married but can take the PTC with the filing status ofmarried filing separately. See the glossary in this Publication for more information about domestic abuse orspousal abandonment and the instructions for Form 8962, Premium Tax Credit, for more details about theseexceptions. The taxpayer cannot be claimed as a dependent by another person.A taxpayer with household income below 100 percent of the federal poverty line can be an applicable taxpayer if thetaxpayer, the taxpayer’s spouse, or a dependent who enrolled in a qualified health plan, is lawfully present in the U.S.and not eligible for Medicaid because of immigration status and the taxpayer meets the other applicable taxpayerrequirements.AFFORDABALE CARE ACT: WHAT YOU AND YOUR FAMILY NEED TO KNOW9

Federal Poverty Line (FPL)The federal poverty line (FPL) is an income amount (adjusted for family size considered poverty level for the year.The U.S. Department of Health and Human Services (HHS) determines the federal poverty line amounts annually andpublishes a table reflecting these amounts at the beginning of each calendar year. You can also find this informationon the HHS website at hhs.gov. HHS provides three federal poverty lines: one for residents of the 48 contiguous states and D.C., one for Alaska residents, and one for Hawaii residents.For purposes of the premium tax credit, eligibility for and the amount of the credit for a particular year is based onthe most recently published set of poverty guidelines as of the first day of the annual open enrollment period forcoverage in that year. The Federal poverty line for your family size is provided in Tables 1-1, 1-2, and 1-3, in the Form8962, Premium Tax Credit, instructions.What is household income and what are its limits?A taxpayer’s household income is the total of the taxpayer’s modified adjusted gross income (MAGI), the taxpayer’sspouse’s MAGI if married filing a joint return, and the MAGI of all dependents required to file a federal income taxreturn because the dependent’s income meets the income tax return filing threshold.MAGI, for the purpose of the premium tax credit, is the adjusted gross income on the federal income tax return plusany excluded foreign income, nontaxable social security benefits (including tier 1 railroad retirement benefits), andtax-exempt interest. It does not include Supplemental Security Income (SSI).In general, only taxpayers and families whose household income for the year is between 100 percent and 400percent of the federal poverty line for their family size may be eligible for the premium tax credit. A taxpayer whomeets these income requirements must also meet the other eligibility criteria to claim the premium tax credit.Are taxpayers allowed a premium tax credit for all enrolled family members?A taxpayer is allowed a premium tax credit only for months that (1) a member of the taxpayer’s tax family is enrolledin a qualified health plan offered through a Marketplace and is not eligible for minimum essential health coverage(other than individual market coverage), and (2) the taxpayer’s share of the enrollment premium for the month is paidby the due date of the taxpayer’s return (not including extensions). The taxpayer’s tax family consists of the taxpayer,the taxpayer’s spouse if filing jointly, and all other individuals whom the taxpayer claims as dependents. The familymembers who meet the first requirement above are the taxpayer’s “coverage family.” For example, if an individualchanged enrollment from Marketplace coverage to employer-sponsored coverage during the year, the individual isa member of the coverage family only for the months the individual is enrolled through the Marketplace and wasnot eligible for coverage under the employer-sponsored plan or other coverage (not counting individual marketcoverage).Is a taxpayer allowed a premium tax credit for the coverage of a family member if the family member enrolls inemployer coverage?Generally, a premium tax credit is not allowed for a person’s Marketplace coverage for those months in which theperson is eligible for employer-sponsored coverage, even if the person turns down the employer’s coverage. Thisincludes the employee and a family member of the employee who is eligible to enroll in the employer coverage as aresult of a relationship to the employee. A person may be allowed a premium tax credit despite an offer of employercoverage if the employer’s coverage is unaffordable or fails to meet a minimum value standard (employers willprovide employees with information concerning whether the minimum value standard is met). However, a premiumtax credit is not allowed for the months an individual is enrolled in employer coverage, even if the employer coverageis unaffordable or fails to meet the minimum value standards.AFFORDABALE CARE ACT: WHAT YOU AND YOUR FAMILY NEED TO KNOW10

When is employer coverage considered to be affordable for an individual?In general, the determination of whether employer coverage is affordable is made by comparing the employee’s cost ofthe employer coverage for self-only coverage to household income. For plan years beginning in 2020, if the employee’scost for the employer coverage is more than 9.78 percent of household income, the employer coverage is unaffordable.The affordability test for family members is the same as the test for the employee (compare the cost of the employee’sself-only coverage to household income). However, if during the Marketplace application process, the Marketplacedetermines that, based on projected household income, the employer coverage would be unaffordable, the employercoverage is considered unaffordable for the employer’s plan year even if it would have been affordable based on thehousehold income reported on the tax return.Is a taxpayer allowed the premium tax credit for a family member’s coverage if the family member is eligible forcoverage through a government-sponsored program?An individual eligible for coverage through a government-sponsored program such as Medicaid, Medicare, CHIP orTRICARE, is not a member of the coverage family for the months in which the individual is eligible for governmentsponsored coverage. Therefore, a premium tax credit is not allowed for this individual’s coverage for the monthsthe individual is eligible for the government-sponsored coverage. However, an individual is treated as not eligible forMedicaid, CHIP, or a similar program for a period of coverage under a qualified health plan if, when the individualenrolls in the qualified health plan, the Marketplace determines or considers the individual to be not eligible forcoverage under the program.A person is considered eligible for government or employer-sponsored coverage for a month only if the person iseligible for the coverage for every day of that month. For example, if a person becomes eligible for employer orgovernment-sponsored coverage on the 5th day of a month, he or she is considered not eligible for the employer orgovernment coverage for that month and may be allowed a premium tax credit for the month. The person will notbe eligible for the premium tax credit for the following month. Thus, the person should alert the Marketplace to thechange and discontinue any advance credit payments for the Marketplace coverage.How does the taxpayer get advance payments of the premium tax credit?During enrollment in a Marketplace health plan, a taxpayer projects his or her household income and familycomposition. The Marketplace verifies this information through various data sources, including prior year taxinformation, Social Security Administration data, and state-level wage data. Using all of this information, theMarketplace estimates the amount of premium tax credit the taxpayer will be able to claim. This estimate of thepremium tax credit is the maximum amount of advance credit payments for which the taxpayer is eligible.If eligible for advance credit payments of the premium tax credit, taxpayers may choose to: Have some or all of the maximum amount of advance credit payments for which the taxpayer is eligible paiddirectly to the insurance company to lower what is paid out-of-pocket for monthly premiums; orForego advance credit payments, pay the entire amount of the monthly premiums and get the credit when theyfile their tax return.The amount of the advance credit payments will appear on Form 1095-A, Health Insurance Marketplace Statement,issued by the Marketplace.AFFORDABALE CARE ACT: WHAT YOU AND YOUR FAMILY NEED TO KNOW11

How is the amount of the premium tax credit determined?The premium tax credit is the sum of the credit amount for each month. The credit amount for a month is the lesserof two amounts: (1) the monthly premium for the plan or plans in which the taxpayer’s family enrolled (enrollmentpremium) and (2) the monthly premium for the taxpayer’s applicable second lowest cost silver plan (SLCSP) minusthe taxpayer’s monthly contribution amount. This calculation is done on Form 8962, Premium Tax Credit. Theapplicable SLCSP premium will generally be determined by the Marketplace and included on Form 1095-A. HealthInsurance Marketplace Statement. A taxpayer’s monthly contribution amount is 1/12 of the product of the taxpayer’shousehold income by the applicable figure (from Table 2 in the instructions for Form 8962). The applicable figure isdetermined on the basis of the ratio that the taxpayer’s household income bears to the federal poverty line for thetaxpayer’s family size. The monthly contribution amount is the contribution amount divided by 12. Taxpayers enrolledin the same qualified health plan for all 12 months of the year and who have the same applicable SLCSP for all 12months can do a single, annual calculation to compute their premium tax credit.Taxpayers who receive a Form 1095-A, Health Insurance Marketplace Statement, from the Marketplace showingchanges in monthly amounts must do a monthly calculation to determine their premium tax credit in Section 2 ofForm 8962, Premium Tax Credit. Taxpayers who ha

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