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  1. #1
    Join Date
    May 2009
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    6

    Can I file jointly if wife lives out of country?

    What is the name of your state (only U.S. law)? MA

    My wife is now a student in Europe. Massachusetts requires that all MA residents prove they had health insurance coverage the entire year via the 1099-HC form. My wife was required to get health insurance in that other country, because a US plan is not accepted there. So, I did not have her on my MA insurance policy (that would be both redundant and unusable).

    But, now I have no way to prove she had health insurance. There is no way I can get a 1099-HC sent to me for an out of country plan. I am going to get socked with severe penalties if I don't figure out what to do.

    Can I file jointly but say she lives at another (out of country) address? I don't want to file separately in order to be able to enter two different addresses, because then I'll have to pay something like $6000 more in taxes, plus penalties. The tax form only shows a place for one address. I'm not sure what to do!What is the name of your state (only U.S. law)?


  2. #2
    Join Date
    May 2004
    Posts
    71,927
    Quote Originally Posted by mike777 View Post
    What is the name of your state (only U.S. law)? MA

    My wife is now a student in Europe. Massachusetts requires that all MA residents prove they had health insurance coverage the entire year via the 1099-HC form. My wife was required to get health insurance in that other country, because a US plan is not accepted there. So, I did not have her on my MA insurance policy (that would be both redundant and unusable).

    But, now I have no way to prove she had health insurance. There is no way I can get a 1099-HC sent to me for an out of country plan. I am going to get socked with severe penalties if I don't figure out what to do.

    Can I file jointly but say she lives at another (out of country) address? I don't want to file separately in order to be able to enter two different addresses, because then I'll have to pay something like $6000 more in taxes, plus penalties. The tax form only shows a place for one address. I'm not sure what to do!What is the name of your state (only U.S. law)?
    That is an extremely state specific question and I don't think that we have any tax professionals here from MA. I would recommend contacting a MA tax professional to get your question answered.

    What I would guess is that you would need to mail in your MA return with proof of your wife's coverage in Europe.


  3. #3
    Join Date
    May 2009
    Posts
    6
    Nothing that I've read about the MA law indicates that I would have any hope of getting them to approve the plan. The law requires that the MA insurance providers go through a process to get their plan approved, and only those plans are allowed for avoiding the lack of insurance penalty. A company in another country isn't going to go through the MA approval process.

    So, that's why I'm hoping I can just say she doesn't live here, so that it becomes a non-issue. Is it possible to live apart but still file jointly? We are still really married, not separated (except by distance) or anything. My wife does not work, so I need the tax deduction benefit by filing with her.

    So, can that type of filing at least be done on the federal level?


  4. #4
    Join Date
    May 2009
    Posts
    6
    A brief update: Even though the benefit enrollment period had passed for next year, I managed to call them up and add her back to the health insurance plan. That'll be an extra $200 a month but it is better than paying penalties that will probably approach that amount per month. (And it is way better than filing separately... I just remembered about AMT that I'd have to pay if filing separately, so I could easily lose as much as $10,000 there, not sure on the exact figure.)


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