Affordable Care Act. Pub 4012 Tab H: ACA, Other Taxes & Payments Pub 4491 Lesson 3. Shared Responsibility

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Affordable Care Act Pub 4012 Tab H: ACA, Other Taxes & Payments Pub 4491 Lesson 3 Shared Responsibility Individuals Purchase coverage, Claim an exemption, or Pay Shared Responsibility Payment Account for premium credit We ll worry only about individuals Employers Large employers: provide coverage, and Small employers: incentivesto provide coverage Government Expand Medicaid (at state option) Make premium tax credits available Build Marketplace(s) 2 1

Three Main Elements 1. Everyone should have health insurance (MEC) 2. If you don t have health insurance, you should have an exemption 3. If you don t have insurance or an exemption, you must pay a shared responsibility payment (SRP) 3 Fourth Element 4. There is a premium tax credit (PTC) for some people If you buy insurance from the marketplace, and Have AGI between 100% and 400% of federal poverty level These are the two main criteria; there are other rules that apply, discussed later 4 2

What is Minimum Essential Coverage (MEC)? See Pub 4012 p. H-5 93% of all Tax-Aide taxpayers had MEC for all of 2016 Can rely on taxpayer s good faith representation no need for proof 6 MEC Interview Questions Did you, your spouse and each dependent have health insurance coverage all or part of the year? If not everyone, who did? who did not? If only part of the year which months were covered? One day of coverage means that month is covered 9 3

When Everyone Has MEC All Year (not Mkt policy) A few quick clicks in TaxSlayer Health Insurance section Any coverage? Yes From Mkt? No 14 When Everyone Has MEC All Year (not Mkt policy) Verify just click continue (do not add anyone) All months? yes Say Thank You! 15 4

When Everyone Has MEC All Year Confirm result on Summary / Print page 2 Box will be checked on Line 61 DONE! 16 Types of exemptions See table on Pub 4012, page H30 18 5

Filing Threshold Exemption Gross Income Computed by TaxSlayer Starts with total income on the return 1040 line 22 Adds back expenses shown on Sch C Adds back losses shown on F 8949 or Sch D If grouped transactions, you need to separate gains from losses 35 Filing Threshold Exemption Household Income Household income below filing threshold, where household income = MAGI = Adjusted Gross Income (AGI) + Tax-Exempt Interest + Excluded Foreign Income Form 1040, Line 37 Form 1040, Line 37 Form 1040, Line 8b Form 2555 or 2555-EZ Include MAGI of claimeddependents whose gross income is above their filing threshold 37 6

Easy Exemption: Short-Gap in Coverage Can use short-gap exemption only once per individual per year If two short gaps, short-gap exemption applies to earlier gap Can use another exemption for another gap or for adjacent months 46 Affordability Exemption Cheapest available insurance cost more than the affordability threshold (8.16% of household income for 2017) 72 7

Affordability Exemptions Two affordability tests: With an offer of employer coverage Without an offer of employer coverage Both test the applicable cost against the affordability threshold If coverage is unaffordable for the month, the exemption applies for the month 73 Affordability Exemptions: Affordability Threshold Taxpayer s household income plus pre-tax medical, including MAGI of claimed dependents who must file a return based on gross income Adjusted Gross Income (AGI) + Tax-Exempt Interest + Excluded Foreign Income + Pre-tax medical, if any Form 1040, Line 37 Form 1040, Line 8b Form 2555 or 2555-EZ Paycheck Stub Multiplied by 8.16% for 2017 74 Untaxed social security is not included 8

Affordability Calculator URL is cotaxaide.org/tools Great tool if used properly Read all line instructions carefully Computes household income and affordability exemption if used properly 76 Shared Responsibility Payments (SRP) 113 9

Three Main Elements 1. Everyone should have health insurance (MEC). 2. If you don t have health insurance, you should have an exemption. 3. If you don t have insurance or an exemption, you must pay a shared responsibility payment (SRP). 114 Shared Responsibility Payment Greater of 2.5% of household income over filing threshold or $695/adult ($342.50/child) TaxSlayer does calculations 115 10

Example: John (Single) Income: $17,000 Filing Status: Single Adults: 1 Children: 0 Tax FilingThreshold: $10,350 Months Uninsured: 12 117 Example: John (Single) Penalty Calculation: 1. $17,000 -$10,350 = 2. $695 x 1 adult = $6,650 x 2.5% $ 166 $695 SRP for 2017 118 11

Premium Tax Credit 129 Fourth Element 4. There is a premium tax credit (PTC) If you buy insurance from the marketplace, and Have AGI between 100% and 400% of federal poverty level. Federal Poverty Level Pub 4012 pgh-21 130 12

Premium Tax Credit Premium Tax Credit ( PTC ) a refundable credit Marketplace estimates PTC at time of purchase PTC can be paid in advance ( APTC ) to insurance company OR applied as refundable credit on federal tax return 131 Premium Tax Credit Taxpayers who get APTC must file tax returns and reconcile their APTC If they don t, e.g. failed to file for 2016, may lose APTC in 2018 Up to the Marketplace Encourage taxpayers to file all returns as required 132 13

PTC End Result: Form 1040 Repay excess credit line 46 or claim more credit line 69 148 Calculation of PTC Pub 4012 H-24 Final amount of PTC is computed on Form 8962 Need Form 1095-A, which shows Monthly premium amount SLCSP (second lowest cost silver plan) APTC Need household income TaxSlayer then computes the credit 149 14

Final PTC Based on final tax return data Final PTC may be more than the Advance PTC ( APTC ) Claim a credit on the 1040 Final PTC may be less than the APTC Pay back the excess (may be capped) 170 Repayment of Excess APTC Cap on repayment is based on Household MAGI* as a % of FPL Pub 4012 ACA-18 Full repayment if 400% FPL No rounding of percentages! *PTC definition 171 15

Last Minute Planning Watch for Cliff Hangers If it appears the taxpayer is near a benchmark income level, consider possible ways to reduce AGI Household income is 200%, 300% or 400% of FPL Consider: deductible IRA (including a recharacterization of a Roth IRA to a traditional IRA) 173 Last Minute Planning (Cont.) Watch for Cliff Hangers Hint: test to see which education benefit is better after entering all return and ACA data If there is a schedule C in the return, the Self-Employed Health adjustment to gross income (1040 line 29) could make a substantial difference refer the taxpayer to a paid preparer 174 16

Last Minute Planning Scholarships / Grants The student may elect to treat some or all of their grant as taxable income to increase an allowable education deduction or credit When taxable, the grant is considered earned income for the gross income test of filing requirement Once a filing requirement exists for the student, the student s MAGI may have an ACA impact on the taxpayer s return (e.g. parent s return) 175 PTC and Medical Insurance Itemized Deduction The itemized deduction for 2017 is Decreased for any additional PTC that is claimed on the 2017 return Increased for any excess APTC that must be paid back with the 2017 return 177 17

PTC and Medical Insurance Itemized Deduction For a return with PTC and itemizing deductions, go to Increase or decrease insurance deduction by excess PTC or additional PTC Make a note on the intake form for TP and reviewer 178 ACA Scope Limitations Form 8962, Part IV: Shared policies A Marketplace policy that covers individuals that are not on the same tax return Examples: A recently divorced couple on one Mkt policy Child covered in Mkt policy with one divorced parent but claimed by the other Child covered on parent s Mkt policy moves out and claims own exemption Lots of calculations, may not have necessary information 179 18

Intake & Interview 13614-C A no answer on 3b means there s a shared policy (but this is not the only test) 180 ACA Scope Limitations Form 8962, Part V: Alternative Calculation for Year of Marriage See 5 questions in Pub 4012, p. H-30. If question 5 answer is Yes, then Out of Scope Applies only when there is a Marketplace policy(ies) and there is excess APTC* If tentative 8962 shows additional PTC, alternative calculation does not apply and return is in scope* *8962 instructions worksheet 3 181 19

PTC Changes in circumstances that can affect the amount of the premium tax credit include: A -Change in household income B -Marriage C -Birth of a child D -Losing employer-sponsored health care coverage and buying Marketplace coverage 190 Intake and Interview 192 20

Intake & Interview: Taxpayers Family have MEC? Rely on interview and on taxpayer s good faith representation May be exhibited by (but don t need to see) Insurance card Form 1095-B Health Coverage Form 1095-C Employer-provided Insurance Offer and Coverage Other tax forms 193 Intake & Interview : 13614-C Preparer and Reviewer notations sample: Complete the gray area every time! 194 21

Intake & Interview If MEC was purchased through the Marketplace, must have Form 1095-A Should be received by ~ 1/31/18 If Marketplace Exemption has been received, must have Exemption Certificate Number 195 Intake & Interview Screen for out-of-scope issues with PTC Shared policy or Alternative calculation for year of marriage 196 22

Intake & Interview: Complete the ACA Section Decide whether the return should be prepared by a more experienced counselor Finish the notes when the return is completed 197 Quality Review 199 23

Quality Review: Coverage End Result Form 1040 Line 61: Full-year 200 Quality Review Months of coverage or exemptions on the return match months of coverage or exemptions on intake sheet? MAGI of dependents whose income exceeds their filing thresholdhave been included in ACA calculations? 201 24

Quality Review: Exemptions Form 8965 shows all exemptions used? All possible exemptions have been considered? Might a hardship exemption apply? 202 Quality Review: Premium Tax Credit Form 8962 shows correct PTC? Schedule A insurance premiums were adjusted for PTC? If MFS with domestic violence exception, is box on 8962 marked? 203 25

Quality Review If income-based SRP or significant repayment of APTC is shown, have alternatives to reduce AGI (or AGI of dependents) been considered? 204 Affordable Care Act Comments Questions 208 26