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littleadv
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Adding after reading this in your comment:

I received this from sprintax team: "Non-residents usually cannot claim dependents, this is why you need to pay by sending money to the IRS or online."

The problem is not with APTC, but with the fact that you are trying to claim a dependent while being a non-resident. Your spouse should file their own individual tax return. Unless there's a treaty provision that allows you to file MFJ, you must file each file individually as MFS on your 1040NRs. You cannot claim dependents.

See the instructions for 1040-NR:

Exception.

Only U.S. nationals and residents of Canada and Mexico can claim a dependent on the same terms as U.S. citizens. Residents of South Korea and students or business apprentices from India who are eligible for the benefits of Article 21(2) of the United States–India Income Tax Treaty may claim dependents on the more limited terms described in chapter 5 of Pub. 519. No other person filing a Form 1040-NR can claim a qualifying dependent.

original answer below:


Generally lawfully present aliens are eligible (see here), and that includes students.

However, eligibility has additional components. For example, if you're eligible for a different type of subsidized coverage (Medicare or Medicaid) then you're expected to use that and not the marketplace. So, for example, if your income is below the 100% Federal poverty limit ($18310 for a family of two in 2022), then you cannot claim APTC because you're expected to be on Medicaid. You can still claim APTC if you're barred from Medicaid due to your immigration status. AFAIK, this is only true for family-based new immigrants in their first 5 years in status.

Additionally, if you already have coverage through your university (which I expect you do, or at least should, as a condition for your visa) then you cannot claim APTC because you're basically double dipping.

Adding after reading this in your comment:

I received this from sprintax team: "Non-residents usually cannot claim dependents, this is why you need to pay by sending money to the IRS or online."

The problem is not with APTC, but with the fact that you are trying to claim a dependent while being a non-resident. Your spouse should file their own individual tax return. Unless there's a treaty provision that allows you to file MFJ, you must file each file individually as MFS on your 1040NRs. You cannot claim dependents.

See the instructions for 1040-NR:

Exception.

Only U.S. nationals and residents of Canada and Mexico can claim a dependent on the same terms as U.S. citizens. Residents of South Korea and students or business apprentices from India who are eligible for the benefits of Article 21(2) of the United States–India Income Tax Treaty may claim dependents on the more limited terms described in chapter 5 of Pub. 519. No other person filing a Form 1040-NR can claim a qualifying dependent.

original answer below:


Generally lawfully present aliens are eligible (see here), and that includes students.

However, eligibility has additional components. For example, if you're eligible for a different type of subsidized coverage (Medicare or Medicaid) then you're expected to use that and not the marketplace. So, for example, if your income is below the 100% Federal poverty limit ($18310 for a family of two in 2022), then you cannot claim APTC because you're expected to be on Medicaid. You can still claim APTC if you're barred from Medicaid due to your immigration status. AFAIK, this is only true for family-based new immigrants in their first 5 years in status.

Additionally, if you already have coverage through your university (which I expect you do, or at least should, as a condition for your visa) then you cannot claim APTC because you're basically double dipping.

Adding after reading this in your comment:

I received this from sprintax team: "Non-residents usually cannot claim dependents, this is why you need to pay by sending money to the IRS or online."

The problem is not with APTC, but with the fact that you are trying to claim a dependent while being a non-resident. Your spouse should file their own individual tax return. Unless there's a treaty provision that allows you to file MFJ, you must each file individually as MFS on your 1040NRs. You cannot claim dependents.

See the instructions for 1040-NR:

Exception.

Only U.S. nationals and residents of Canada and Mexico can claim a dependent on the same terms as U.S. citizens. Residents of South Korea and students or business apprentices from India who are eligible for the benefits of Article 21(2) of the United States–India Income Tax Treaty may claim dependents on the more limited terms described in chapter 5 of Pub. 519. No other person filing a Form 1040-NR can claim a qualifying dependent.

original answer below:


Generally lawfully present aliens are eligible (see here), and that includes students.

However, eligibility has additional components. For example, if you're eligible for a different type of subsidized coverage (Medicare or Medicaid) then you're expected to use that and not the marketplace. So, for example, if your income is below the 100% Federal poverty limit ($18310 for a family of two in 2022), then you cannot claim APTC because you're expected to be on Medicaid. You can still claim APTC if you're barred from Medicaid due to your immigration status. AFAIK, this is only true for family-based new immigrants in their first 5 years in status.

Additionally, if you already have coverage through your university (which I expect you do, or at least should, as a condition for your visa) then you cannot claim APTC because you're basically double dipping.

added 543 characters in body
Source Link
littleadv
  • 184.7k
  • 15
  • 306
  • 509

Adding after reading this in your comment:

I received this from sprintax team: "Non-residents usually cannot claim dependents, this is why you need to pay by sending money to the IRS or online."

The problem is not with APTC, but with the fact that you are trying to claim a dependent while being a non-resident. Your spouse should file their own individual tax return. Unless there's a treaty provision that allows you to file MFJ, you must file each file individually as MFS on your 1040NRs. You cannot claim dependents.

See the instructions for 1040-NR:

Exception.

Only U.S. nationals and residents of Canada and Mexico can claim a dependent on the same terms as U.S. citizens. Residents of South Korea and students or business apprentices from India who are eligible for the benefits of Article 21(2) of the United States–India Income Tax Treaty may claim dependents on the more limited terms described in chapter 5 of Pub. 519. No other person filing a Form 1040-NR can claim a qualifying dependent.

original answer below:


Generally lawfully present aliens are eligible (see here), and that includes students.

However, eligibility has additional components. For example, if you're eligible for a different type of subsidized coverage (Medicare or Medicaid) then you're expected to use that and not the marketplace. So, for example, if your income is below the 100% Federal poverty limit ($18310 for a family of two in 2022), then you cannot claim APTC because you're expected to be on Medicaid. You can still claim APTC if you're barred from Medicaid due to your immigration status. AFAIK, this is only true for family-based new immigrants in their first 5 years in status.

Additionally, if you already have coverage through your university (which I expect you do, or at least should, as a condition for your visa) then you cannot claim APTC because you're basically double dipping.

Generally lawfully present aliens are eligible (see here), and that includes students.

However, eligibility has additional components. For example, if you're eligible for a different type of subsidized coverage (Medicare or Medicaid) then you're expected to use that and not the marketplace. So, for example, if your income is below the 100% Federal poverty limit ($18310 for a family of two in 2022), then you cannot claim APTC because you're expected to be on Medicaid. You can still claim APTC if you're barred from Medicaid due to your immigration status. AFAIK, this is only true for family-based new immigrants in their first 5 years in status.

Additionally, if you already have coverage through your university (which I expect you do, or at least should, as a condition for your visa) then you cannot claim APTC because you're basically double dipping.

Adding after reading this in your comment:

I received this from sprintax team: "Non-residents usually cannot claim dependents, this is why you need to pay by sending money to the IRS or online."

The problem is not with APTC, but with the fact that you are trying to claim a dependent while being a non-resident. Your spouse should file their own individual tax return. Unless there's a treaty provision that allows you to file MFJ, you must file each file individually as MFS on your 1040NRs. You cannot claim dependents.

See the instructions for 1040-NR:

Exception.

Only U.S. nationals and residents of Canada and Mexico can claim a dependent on the same terms as U.S. citizens. Residents of South Korea and students or business apprentices from India who are eligible for the benefits of Article 21(2) of the United States–India Income Tax Treaty may claim dependents on the more limited terms described in chapter 5 of Pub. 519. No other person filing a Form 1040-NR can claim a qualifying dependent.

original answer below:


Generally lawfully present aliens are eligible (see here), and that includes students.

However, eligibility has additional components. For example, if you're eligible for a different type of subsidized coverage (Medicare or Medicaid) then you're expected to use that and not the marketplace. So, for example, if your income is below the 100% Federal poverty limit ($18310 for a family of two in 2022), then you cannot claim APTC because you're expected to be on Medicaid. You can still claim APTC if you're barred from Medicaid due to your immigration status. AFAIK, this is only true for family-based new immigrants in their first 5 years in status.

Additionally, if you already have coverage through your university (which I expect you do, or at least should, as a condition for your visa) then you cannot claim APTC because you're basically double dipping.

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littleadv
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Generally lawfully present aliens are eligible (see here), and that includes students.

However, eligibility has additional components. For example, if you're eligible for a different type of subsidized coverage (Medicare or Medicaid) then you're expected to use that and not the marketplace. So, for example, if your income is below the 100% Federal poverty limit ($18310 for a family of two in 2022), then you cannot claim APTC because you're expected to be on Medicaid. As an alien in F1 status you may be barredYou can still claim APTC if you're barred from Medicaid, but for the APTC eligibility it doesn't matter due to your immigration status. The only exemptionAFAIK, this is only true for green card holders barred from Medicare family- they can receive APTC while they're unable to sign up for Medicarebased new immigrants in their first 5 years in status.

Additionally, if you already have coverage through your university (which I expect you do, or at least should, as a condition for your visa) then you cannot claim APTC because you're basically double dipping.

Generally lawfully present aliens are eligible (see here), and that includes students.

However, eligibility has additional components. For example, if you're eligible for a different type of subsidized coverage (Medicare or Medicaid) then you're expected to use that and not the marketplace. So, for example, if your income is below the 100% Federal poverty limit ($18310 for a family of two in 2022), then you cannot claim APTC because you're expected to be on Medicaid. As an alien in F1 status you may be barred from Medicaid, but for the APTC eligibility it doesn't matter. The only exemption is for green card holders barred from Medicare - they can receive APTC while they're unable to sign up for Medicare.

Additionally, if you already have coverage through your university (which I expect you do, or at least should, as a condition for your visa) then you cannot claim APTC because you're basically double dipping.

Generally lawfully present aliens are eligible (see here), and that includes students.

However, eligibility has additional components. For example, if you're eligible for a different type of subsidized coverage (Medicare or Medicaid) then you're expected to use that and not the marketplace. So, for example, if your income is below the 100% Federal poverty limit ($18310 for a family of two in 2022), then you cannot claim APTC because you're expected to be on Medicaid. You can still claim APTC if you're barred from Medicaid due to your immigration status. AFAIK, this is only true for family-based new immigrants in their first 5 years in status.

Additionally, if you already have coverage through your university (which I expect you do, or at least should, as a condition for your visa) then you cannot claim APTC because you're basically double dipping.

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littleadv
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