My client is married to a Non Resdient Alien. She was in the US for 8 days in 2014. They are going to file a joint return with her agreeing to be taxes on her worldwide income. We are doing this because it saves him $4,000 over MFS. Is there away to exempt her from the ACA penalty?
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If she did not live here, it seems to me that she was not "lawfully present", which qualifies for exemption code "C" on Form 8965. -
I agree
I just reread the IRS instructions and I think since she is being treated as a resident alien and was in the country for only 8 days (I am claiming physical presence rahter than bona fide residence just becasue I have the info I need to go that way) she qualfies for the exemption due to being abroad.Comment
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