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Taxes I have a question regarding form 8962. I am filing MFS…

taxesI have a question regarding...
taxesI have a question regarding form 8962. I am filing MFS and my income was less than 8K. When I fill out form 8962 it shows that I have to repay some of the advance premium tax credit. But if I click on the "apply for relief" box, it shows I get a substantial amount of PCT. Question is, do I qualify for relief?
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Answered in 1 hour by:
3/26/2018
Dr. Fiona Chen
Dr. Fiona Chen, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 1,458
Experience: Former IRS Revenue Agent
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I'm Fiona, former IRS revenue agent. I am looking at your question and will get back to you soon. Fiona Chen, MPA, Ph.D., CPA, ABV, CFF, CITP,IMTA

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Dear Customer,

If you are filing married filing separately, you don't qualify for the premium credit unless you are a abused victim, etc. The quotation and IRS website link are for your further information.

https://www.irs.gov/affordable-care-act/individuals-and-families/eligibility-for-the-premium-tax-credit

"Married Filing Separately

If you are married and you file your tax return using the filing status married filing separately, you will not be eligible for the premium tax credit unless you are a victim of domestic abuse and spousal abandonment and can meet certain criteria. "

Regards,

Fiona

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Customer reply replied 4 months ago
Thank you. And how does the IRS determine that? Do you have to submit paperwork proving you are a victim of domestic abuse or abandonment? How does that process work?

Dear Customer,

Please follow the enclosed website links. p. 16, etc. It has examples on how to fill out the forms.

The website quotation and link are for your further reference.

"

If Exception 1 or Exception 2 applies, follow rules in the next

paragraph. If neither exception applies, see Married filing separately (not in Exception 2—Victim of domestic abuse or

spousal abandonment) , later.

Exception 1—Certain married persons living apart or Exception 2—Victim of domestic abuse or spousal abandonment.

Enter “0.50” in columns (e) and (g) of the appropriate line in Part IV to allocate the enrollment premium and APTC. Leave column (f) blank because you do not allocate the applicable SLCSP premium. Instead, enter the SLCSP premium that applies to your coverage family on lines 12 through 23. See Example 1 and Example 2, later.

https://www.irs.gov/affordable-care-act/individuals-and-families/eligibility-for-the-premium-tax-credit

Also see Publication 974, page 7.

https://www.irs.gov/pub/irs-pdf/p974.pdf

Regards,

Fiona

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Customer reply replied 4 months ago
Thank you but I don't need help filling out the form. I'm just wondering how the IRS determines whether you actually are nor not a victim of domestic violence or abandonment

Dear Customer,

The U.S. tax system is self reporting and self compliance based.

Regards,

Fiona

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Customer reply replied 4 months ago
Oh I see, so like any other item you report ...but you need to furnish proof if the IRS requests, correct? I wasn't sure about this. I thought maybe you are required to mail in police report or something.

Dear Customer,

I don't have any further information other than what is published regarding Form 8962. In general, we have to keep documentation to substantiate our claims. In most occasions, the taxpayer are told to keep the documents for their tax files and be ready to show supporting evidence. Below links are sample instructions from the IRS.

https://www.irs.gov/businesses/small-businesses-self-employed/burden-of-proof

https://www.irs.gov/businesses/small-businesses-self-employed/what-kind-of-records-should-i-keep

Regards,

Fiona

Dr. Fiona Chen
Dr. Fiona Chen, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 1,458
Experience: Former IRS Revenue Agent
Verified
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