Divorced parents and Form 8962 and 1095A

[oceanlovin'ea]

My client, Mary Smith, claimed her teenage son on her tax return. He lives with her. According to divorce decree, father must furnish his health insurance. The father purchased the insurance through the marketplace. We filed Mary's tax return and she received a letter from IRS that they are holding up processing the return until they receive a completed Form 8962 and a copy of the 1095A.
Father did send her a copy of the insurance card for the child so she knows who insurance is through. He refuses to give her a copy of the 1095A.

How can we get this information if he won't give it to us? The bigger question (which has no reasonable answer) is why should it even affect her tax return! I called IRS and told them that the man won't give her a copy of the 1095A. The lady didn't really have an answer as to what she should do. "Try again". which won't work.

Any one have this problem yet. Or have a solution?

Linda, EA

[Lion]

Have son contact insurance company. If he is not old enough, have mother do it. While they are at it, have them find out if they can set up an online account for son -- so next year he/mom can download his 1095.

Have son/mom contact marketplace.

[TaxGuyBill]

It affects her tax return because somebody on her tax return had Marketplace insurance. In most cases, that means Form 8962 is required.

As for the solution, unfortunately, I don't know. These are two options I can think of:
(1) Mom goes to Family Court to make Dad give her a copy of the 1095-A, or
(2) You/Mom respond to the IRS (in writing) with the situation and ask them to calculate Form 8962 with the information that they have. Tell them an allocation percentage can not be agreed upon, so they should divide the 1095-A by the number of individuals on the policy.

Either way, if Advance credit was received, it is likely Mom will need to repay part of it.

[Burke]

Father applied for Marketplace policy. So he is the one who received the credit, not the mother. But when she claimed son on her tax return, the son's SSN matched with the 1095-A and hence, the letter. Father should have gotten an IRS letter, too, but maybe he hasn't filed yet. Son can allocate all credit to father and let it go. I would correspond with IRS and tell them the situation and to allow 100% credit to father. No phone calls. I had one of these last year, and that is what I did. You might also try contacting the issuer of the 1095-A (insurance company) to get a copy of it. And they should be notified to send separate 1095-A's next year.

[oceanlovin'ea]

no go with insurance company

Taxpayer tried to get 1095A but they wouldn't give it to her because of HIPPA laws. Asked her if ex didn't give her access to the site. She said no...that is why we are divorced...he is uncooperative about everything.
So we will write the letter. The bad part is that they are holding up her refund because of this stupidity.

Linda EA

[Burke]

Taxpayer tried to get 1095A but they wouldn't give it to her because of HIPPA laws.
Linda EA

That's ridiculous. The son is an insured under the policy and he should be able to get the information. I can understand them not giving it to an outside party, but the mother has legal custody, I presume, and she should have access to his medical records. Does she have this problem at the doctor's office? How old is the son? Writing the letter will solve the problem; mine did not take very long before the refund was issued.