Patient Protection and Affordable Care Act (PPACA) Better known as ACA What ACA means to the taxpayer and to the counselor – Part 2 TAX-AIDE TAX-AIDE 1 Three Situations to Consider See charts in ACA Tab Pub 4012 1. Taxpayer, Spouse and Dependents had insurance all year 2. Taxpayer, Spouse and Dependents had NO insurance all year 3. Taxpayer, Spouse and/or Dependents had insurance part of the year TAX-AIDE 2 Taxpayer, Spouse and Dependents Had Insurance All Year Refer to Pub 4012 Tab ACA Page ACA-1 for more detail TAX-AIDE 3 ACA Tab Pub 4012 – 2014 Federal Tax Filing Requirements Thresholds See Pub 4012 ACA Tab page ACA-6 for definition of gross income TAX-AIDE 4 Taxpayer, Spouse and Dependents Had Insurance All Year TAX-AIDE 5 Examples – Minimum Essential Coverage – ACA Tab Pub 4012 SEE PUB 4012 TAB ACA PAGE ACA-4 FOR ADDITIONAL QUALIFING COVERAGE TAX-AIDE 6 Example – Does Not Qualify for Minimum Essential Coverage – ACA Tab Pub 4012 SEE PUB 4012 ACA TAB PAGE ACA-4 FOR ADDITIONAL NONE QUALIFING MEC * TAX-AIDE 7 Verification of MEC ● Many taxpayers will not have tax document that verifies MEC in 2014 Coverage reporting by employers and insurers is voluntary for 2014; will be mandatory starting in Tax Year 2015. ● In general, tax preparers will take clients at their word on insurance coverage this year Standard rules apply: Tax return is signed under penalty of perjury TAX-AIDE 8 MEC Questions 1. Sandy is covered under health insurance offered by her spouse's employer. Does she have minimum essential coverage? Yes - Employer-sponsored coverage is generally minimum essential coverage TAX-AIDE 9 MEC Questions 2. Peter's employer has a health plan that is "grandfathered." Is Peter's employer's health plan minimum essential coverage? Yes - Grandfathered group health plans are minimum essential coverage TAX-AIDE 10 MEC Questions 3. James is retired and too young to be eligible for Medicare. He received his health coverage through a retiree health insurance plan offered by his former employer. Is the retiree plan minimum essential coverage? Yes - Retiree health plans are generally minimum essential coverage. TAX-AIDE 11 MEC Questions 4. Valerie is a local government employee and she enrolls in group health insurance coverage offered by her employer. Does she have minimum essential coverage? Yes - Employer-sponsored coverage is minimum essential coverage regardless of whether the employer is a governmental, nonprofit, or for-profit entity TAX-AIDE 12 Tax Forms That Show MEC Cost of employersponsored coverage Medicare premiums deducted from benefits TAX-AIDE 13 1095-B – From Insurance Co where Taxpayer purchased insurance – optional 2014 TAX-AIDE 14 Might See Form 1095-C – Optional 2014 TAX-AIDE 15 Minimum Essential Coverage TAX-AIDE 16 MEC Purchased through Marketplace – Form 1095-A TAX-AIDE 17 Form 1095-A TAX-AIDE 18 TAX-AIDE 19 Taxpayer, Spouse and Dependents Had Insurance All Year TAX-AIDE 20 MEC Purchased Through Marketplace May be eligible for Premium Tax Credit ● Refundable Credit ● Must buy Health Insurance through Marketplace ● Household income within 100%*– 400% of government federal poverty guidelines * See F8962i page 5, line 6 for exceptions ● Exchange will send Form 1095-A to taxpayer by 1/31/15 to allow reconciliation on tax return using Form 8962 TAX-AIDE 21 Premium Tax Credit Available 100% – 400% Poverty Guidelines – Pub 4012 Tab ACA Separate tables available in Pub 4012 Tab ACA Page ACA-8 for Alaska and Hawaii TAX-AIDE 22 Income Limits Based on 2013 FPL ● One Individual $11,490 (100% FPL) – $45,960 (400% FPL) ● Family of two $15,510 (100% FPL) – $62,040 (400% FPL) ● Family of four $23,550 (100% FPL) – $94,200 (400% FPL) Example – Based on 2013 FPL, family of four could have household income up to and including $94,200 and still be eligible for PTC TAX-AIDE 23 Affordable Percentage Calculation Example ● John is single and had household income of $28,725 ● FPL for single: $11,490 – 100% ● $28,725/$11,490 = 250% TAX-AIDE 24 Expected Premium Contribution Expected Premium Contribution (% of Income) 10.0% 9.0% 8.0% 7.0% 6.0% 5.0% 4.0% 3.0% 2.0% 1.0% 0.0% 0% 50% 100% 150% 200% 250% 300% 350% 400% 450% Household Income (% FPL) TAX-AIDE 25 Affordable Percentage Calculation Example ● John is single and had household income of $28,725 ● FPL for single: $11,490 – 100% ● $28,725/$11,490 = 250% (.0805) ● Benchmark premium plan – $5,200 ● $28,725 x .0805 = $2,312 (John Paid) ● $5,200 - $2,312 = $2,888 PTC TAX-AIDE 26 Calculation of Credit ● Credit claimed on Form 8962 ● Need Benchmark Plan Premium for area Form 1095-A ● Need Household Income + Federal Poverty Line (FPL) for area ● Affordable percentage table value TAX-AIDE 27 Household Income for PTC ● Modified adjusted gross income for taxpayer (and spouse) Plus ● MAGI for all other individuals for whom claim personal exemption deductions and are required to file a federal income tax return TAX-AIDE 28 Different Definitions of MAGI Modified Adjusted Gross Income is AGI Plus: Form 8962 (PTC) Form 8965 (Exemptions/SRP) ● Foreign earned income ● Foreign earned income ● Tax-exempt interest ● Tax-exempt interest ● Social Security benefits ● Foreign housing not included in income TAX-AIDE exclusion or any foreign housing deduction claimed 29 Form 8962 (Draft) TAX-AIDE 30 TAX-AIDE 31 Form 8962 (cont) $2312 $5,000 TAX-AIDE $2,888 $5,200 $2,888 $????? 32 Net Premium Tax Credit $2,888 <$2,888 Form 1040 TAX-AIDE 33 Repayment of Excess Advance Net Premium Tax Credit $2,888 >$2,888 TAX-AIDE 34 Repayment of Excess Advance Net Premium Tax Credit TAX-AIDE 35 Question on Advance PTC Roger's advance credit payments are $2,400. He is single with no dependents, and lives in Mississippi. His household income is over 400% of the FPL for a family size of one. How much of his advance credit payments will be included as an additional income tax liability on his tax return? A $0 B $1,000 C $1,400 D $2,400 Answer: D - Because Roger's household income is over the 400% FPL, his additional tax liability is not capped by the additional tax limitation table. TAX-AIDE 36 Form 8962 Continued – See ACA Tab in Pub 4012 for Worksheet TAX-AIDE 37 Form 8962 Continued – See ACA Tab in Pub 4012 for Worksheet TAX-AIDE 38 1. Question on PTC Judy is single with no dependents. In December 2013, Judy enrolled through the Marketplace in a qualified health plan for 2014. On July 14, 2014, Judy enlisted in the Army and was immediately eligible for government sponsored minimum essential coverage For what period is Judy able to claim a premium tax credit (if she meets all of the eligibility criteria)? TAX-AIDE 39 1. Answer to Question on PTC A The entire year B January through June C January through July D Judy is not eligible for the premium tax credit TAX-AIDE 40 2. Question on PTC Piper’s income is 300% of the FPL for her family size. For this tax year, she purchased health insurance through her employer. Is she eligible to take the premium tax credit for herself? Answer: No. The coverage must have been purchased through the Marketplace. TAX-AIDE 41 3. Question on PTC Patrick is single and has no dependents. In November 2013, the Marketplace projected his 2014 household income to be $27,825 Patrick enrolled in a qualified health plan The Marketplace determined he was eligible for advance payments of the premium tax credit, but he decided to claim the credit on the return Patrick began a new job in August 2014 and became eligible for employer-sponsored coverage on September 1st. TAX-AIDE 42 3. Question on PTC ● Is he eligible for the premium tax credit? ● Answer: Since Patrick became eligible for employer-sponsored coverage in September, he is eligible for a premium tax credit from January through August of 2014. TAX-AIDE 43 4. Question on PTC Harry purchased insurance through the Marketplace. What documentation will he receive to prepare his tax return? Answer: He will receive Form 1095-A. TAX-AIDE 44 5. Question on PTC Changes in circumstances that can affect the amount of the premium tax credit include: A Decrease in household income B Marriage C Birth of a child D Losing employer-sponsored health care coverage E All of the above TAX-AIDE 45 Summary – Taxpayer Who Had Insurance All Year ● If Taxpayer had minimum essential coverage and insurance was purchased through the Marketplace, there is potential for Premium Tax Credit ● Premium Tax Credit is calculated on Form 8962 with information provided by the Marketplace on Form 1095-A TAX-AIDE 46 Taxpayer, Spouse and Dependents Had No Insurance All Year TAX-AIDE 47 Who needs an exemption? ● Screen each individual on tax return who did not have MEC for the entire year exemption eligibility Start with exemptions that can be claimed on tax return Much simpler than applying for Marketplace applications on paper Some exemptions cover specific months; some are good all year Some exemptions need advance approval from Marketplace Some exemptions represent “transition relief” to help taxpayers in 2014 only TAX-AIDE 48 Form 8965 TAX-AIDE 49 Marketplace Granted Exemptions TAX-AIDE 50 Form 8965 Part II Taxpayer Selected Exemptions TAX-AIDE 51 Question – Coverage Exemption If Randy is not required to file a federal income tax return, does he need to claim an exemption from the individual shared responsibility provision? Answer - If Randy is not required to file a because gross income is below filing threshold, he is exempt from the shared responsibility provision. If he files return anyway, he should claim the exemption on Form 8965. TAX-AIDE 52 Form 8965 Part III Exemptions Claimed on the Return TAX-AIDE 53 Form 8965 Part III Exemptions Claimed by the Taxpayer TAX-AIDE 54 Part III Exemptions From the Marketplace or on Tax Return TAX-AIDE 55 Types of Exemptions Does the taxpayer already have an exemption from the Marketplace? YES Enter on Form 8965, Part I YES Enter on Form 8965, Part II NO Does the taxpayer have income below the filing threshold? Applies to the entire household for the entire year. NO Exemptions for individuals (duration varies): Exemption Exemption Code Exemptions for individuals that have a limited duration: Certain noncitizens and citizens living abroad Code C Exemption Health care sharing ministry Code D Short coverage gap Code B Federally-recognized Indian tribe or eligible for IHS Code E Coverage by May 1 or “in-line” Code G Limited benefit Medicaid Code H Non-calendar year coverage Code H Incarceration Code F Insurance is unaffordable Code A Aggregate cost of insurance is unaffordable Code G NO TAX-AIDE Exemption Code NO Does anyone qualify for a Marketplace hardship exemption? YES apply Enter on Form 8965, Part I 56 Taxpayer, Spouse and Dependents Had No Insurance All Year TAX-AIDE 57 Individual Shared Responsibility Payment (ISRP) Year Full-year payment is greater of: 2014 1% of income above tax filing threshold (up to cap*) $95 per adult, $47.50 per child (up to cap of $285) 2015 2% of income above tax filing threshold (up to cap*) $325 per adult, $162.50 per child (up to cap of $975) 2016 2.5% of income above tax filing threshold (up to cap*) $695 per adult, $347.50 per child (up to cap of $2,085) > 2016 Values increased by a cost-of-living adjustment * Capped at national average premium of a bronze level plan purchased through a Marketplace. For 2014, the cap is $2,448 per individual ($204 per month per individual), with a maximum of $12,240 for a family with five or more members ($1,020 per month for a family with five or more members). TAX-AIDE 58 Calculating the ISRP– Partial Year Coverage ● ISRP is prorated for number of months without coverage during tax filing year Uninsured and not eligible for exemption Jan Feb Mar Apr May Gets job with employer coverage Jun Jul Aug Sep Oct Nov Dec Without coverage for 7 months ISRP = 7/12 of annual calculation TAX-AIDE 59 Example: Reyes Family (MFJ) Income: $39,500 (168% FPL) Filing Status: Married, filing jointly Adults: 2 (both uninsured) Children: 2 (both uninsured) Tax Filing Threshold: $20,300 Months Uninsured: 12 ISRP Calculation: 1. $39,500 - $20,300 = $19,200 x 1% $192.00 2. $95 x 2 adults ISRP for + $47.50 x 2 children = $285.00 2014 TAX-AIDE 60 Shared Responsibility Payment Entered on 1040 Ln 61 TAX-AIDE 61 Summary – Taxpayer Had No Insurance All Year ● If the taxpayer qualifies for exemption – Form 8965 must be completed ● If taxpayer does not qualify for exemption, then individual shared responsibility payment (ISRP) may be required on 2014 Form 1040 TAX-AIDE 62 ISRP Partial Year Essential Health Insurance Coverage ● Refer to ACA Tab Pub 4012 Worksheet for partial year coverage (ACA-9) 2014 National Average Bronze Plan Premium Table (ACA-10) 2014 Federal Tax Filing Requirement Thresholds (ACA-6) TAX-AIDE 63 TaxWise computation of ISRP using 1040 Wkt8 TAX-AIDE 64 TAX-AIDE 65 Question - ISRP Keith and Kathy are married with dependent children. Must they all be covered under the same policy or plan to satisfy the individual shared responsibility provision? Answer - They do not have to be covered under the same policy or plan. However, they must all have minimum essential coverage or qualify for an exemption, or Keith and Kathy will owe a shared responsibility payment when they file a return. TAX-AIDE 66 TaxWise and ACA TAX-AIDE TAX-AIDE 67 Counselor verifies full year coverage TAX-AIDE 68 1. Full-Year Coverage for Entire Household ● Check box on 1040 Ln 61 No further action required for ACA TAX-AIDE 69 2. Otherwise… If ● Any member of taxpayer’s household has MEC for less than entire year -OR● Insurance was purchased through the Marketplace -OR● Exemptions are applicable Select 1040 Wkt8 Focal point for ACA TAX-AIDE 70 Jeremy Clark Interview/Intake Sheet Part VI TAX-AIDE 71 TW14 1040 Wkt8 Determine SRP ● Check [Full] or months without MEC TAX-AIDE 72 SRP Calculated on Wtk8 TAX-AIDE 73 SRP Transferred to 1040 Ln 61 TAX-AIDE 74 Gail Hudson Intake/Interview Sheet Part VI TAX-AIDE 75 Taxpayer qualifies for an exemption ● Taxpayer purchased insurance through Marketplace beginning in March for a possible exemption in Jan and Feb When Exm is checked, Form 8965 is loaded into the tree TAX-AIDE 76 Without Coverage < 3 Months TAX-AIDE 77 Complete Form 8965 for Exemption for Jan and Feb TAX-AIDE 78 4. Eligible for Premium Tax Credit? When Mkt is checked, Form 8962 is loaded into the tree TAX-AIDE 79 PTC Calculated from 2014 Return TAX-AIDE 80 Marketplace sends Form 1095-A TAX-AIDE 81 Enter Information from Form 1095-A on Form 8962 TAX-AIDE 82 Calculated PTC Less Than Advance PTC TAX-AIDE 83 Repayment of Excess Advance PTC – 1040 Ln 46 Form 8962 Part 3 1040 Pg 2 TAX-AIDE 84 If Net PTC – 1040 Ln 69 Form 8962 Part 3 1040 Pg 2 TAX-AIDE 85 Keys to successful application of ACA ● Carefully complete Part VI of the Intake/Interview Sheet using probing questions ● Use the [ACA Resource Tool for Tax Counselors] laminate to determine steps needed ● Use TW 1040 Wkt8 as the starting point if full year coverage isn’t applicable TAX-AIDE 86 Intake/Interview & Quality Review Sheet – Form 13614-C TAX-AIDE 87 Health Insurance Interview Questions ● Did you, your spouse and all dependents have Medicare or Medicaid all or part of the year? If only part of the year what months were covered? ● Did you, your spouse and all dependents have health insurance that meets the Minimum Essential Coverage all or part of the year? If only part of the year what months were covered? TAX-AIDE 88 Health Insurance Interview Questions ● Did you, your spouse and all dependents purchase health insurance through the Marketplace? If yes, Form 1095-A is required ● Did you, your spouse and all dependents qualify for an exemption for all or part of the year? If yes, provide exemption certificate number(s) or exemption code(s) received from the IRS or Marketplace TAX-AIDE 89 Counselor Interview Flow Chart TAX-AIDE 90 Summary - ACA Steps in Tax Return Step 1 Did everyone on the tax return have coverage all year? YES NO Step 2 See Step 2. Determine whether any person on the return can be exempt from penalty. (Form 8965) Is anyone on the tax return eligible for an exemption from the coverage requirement for any month during the year? Can this exemption be granted by the IRS on the tax return? OR Does this exemption require approval from the Marketplace? Step 3 If no coverage and no exemption, calculate Individual Responsibility Payment using tax worksheet. Step 4 If someone on the tax return purchased coverage in the Marketplace and qualifies for a premium tax credit, complete Form 8962. TAX-AIDE 91 Information to be distributed to taxpayers IN ADVANCE ● What health care information do I need to bring with me this year to support tax preparation? Bring health insurance coverage information for you, your spouse and all dependents If you don’t have full year coverage, bring information on monthly coverage If you purchased health insurance through the Marketplace/Exchange you must bring Form 1095-A with you. You should receive this form by 1/31/15. Bring any health care exemptions received from the IRS or the Marketplace. TAX-AIDE 92 Exemption Status ● Exemptions – The most likely area for change ● Form 8965 instructions – Not expected to be finalized until late December / early January ● Hardship options have been identified by the Health Insurance Marketplace TAX-AIDE 93 Marketplace Granted Exemptions TAX-AIDE 94 From Health Insurance Marketplace Form OMB No. 0938-1900 TAX-AIDE 95 TAX-AIDE 96 Center on Budget and Policy Priorities (CBPP) http://www.healthreformbeyondthebasics.org/home/for-tax-preparers/ TAX-AIDE 99 Affordable Care Act Questions? Comments… TAX-AIDE 100 TAX-AIDE 2014 Regional Meeting 101