The Wagner Law Group Description
Wagner Law Group, A Professional Corporation, is a nationally
recognized ERISA & employee benefits, estate planning,
employment, labor & human resources practice.
in 1996, The Wagner Law Group has 22 attorneys engaged
exclusively in employee benefits, estate planning and
employment law. Six of our attorneys are AV rated by
Martindale-Hubbell as having very high to preeminent legal abilities
and ethical standards. The firm is among the largest ERISA boutiques
in the country. Our practice is national in scope, with clients in
more than 40 states and several foreign countries.
Wagner Law Group
Fax: (561) 293-3591
7108 Fairway Drive
Palm Beach Gardens, FL 33418
Francisco, CA 94104
March 20, 2015
Health and Welfare Law
IRS Issues Guidance on
ACA's Individual Mandate Exemptions
The IRS has released
guidance on the various exemptions from the Affordable Care Act's
individual shared responsibility requirement. IRS Fact Sheet 2015-14
highlights some of the available exemptions, and explains procedures
for claiming them.
Under the ACA's individual shared responsibility provisions,
taxpayers must either obtain qualifying health care coverage or make
an individual shared responsibility payment when filing their federal
tax returns. However, certain taxpayers qualify for an exemption from
Coverage Exemptions. The
following is a partial list of available exemptions:
coverage - Coverage is considered unaffordable if the lowest
premium amount for available, employer-sponsored coverage, or
for coverage through the Health Insurance Marketplace
("Marketplace"), is more than eight percent of
household income for that year.
coverage gap - The taxpayer went without coverage for less
than three consecutive months during the year.
- General hardship
- Certain circumstances prevent the taxpayer from obtaining
coverage under a qualified health plan, including homelessness,
eviction, foreclosure, domestic violence, death of a family
member and unpaid medical bills.
below return filing threshold - The taxpayer's household or
gross income is below the minimum threshold for filing a tax
noncitizens - The ACA's individual shared responsibility
provisions do not apply to individuals who are not U.S. citizens
and who are not lawfully present in the U.S.
of a state that did not expand Medicaid - The taxpayer is
determined to be ineligible for Medicaid because he or she
resides in a state that does not participate in the ACA's
of Indian tribes - The taxpayer is a member of a
federally-recognized Indian tribe or is otherwise eligible for
services through an Indian health care provider or Indian Health
a Coverage Exemption. Certain
health coverage exemptions must be obtained by applying for the
exemption through a Marketplace and some exemptions must be claimed
on a federal tax return. However, an individual whose income is below
the minimum threshold for filing a federal income tax return is
automatically exempt from the individual shared responsibility
provision and need not file a federal income tax return to claim the
the Coverage Exemption.
Taxpayers must claim health coverage exemptions on Form 8965,
"Health Coverage Exemptions," and attach it to their Form
1040. These forms can be filed electronically. Taxpayers who are
granted an exemption from a Marketplace will receive a exemption
certificate number ("ECN"), which must be entered in Part I
of Form 8965, in Column C.
who file a tax return despite having a gross income below the filing
threshold must claim a health coverage exemption using Part II of
Form 8965. All other health coverage exemptions are claimed in Part
III of Form 8965.
complete list of exemptions with information on whether taxpayers
obtain them from the IRS or the Marketplace is available at: http://www.irs.gov/Affordable-Care-Act/Individuals-and-Families/ACA-Individual-Shared-Responsibility-Provision-Exemptions
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