should my employer be responsible for monies owed due to the 8962 and the MarketPlace

Question

My employer stole money from me, as a result he pays for my health insurance.  So should he be responsible for monies owed to the marketplace or whoever

GeorgeM · Answer

Hello Elecia:

Thank you for the additional information.  Regarding your tax issue, because it appears that you have health insurance through the Marketplace, the IRS will consider you responsible not only for making monthly premium payments, but also repaying any credits you received in advance if your income was above certain thresholds.

If you have used our software in the past, you probably already know that we have a section in our software where taxpayers can enter their Form 1095-A information.  That section is accessed by clicking on the Deductions/Credits tab, and in the drop-down, clicking on Marketplace Health Insurance (1095-A).

Reporting the Form 1095-A, and answering general questions about Marketplace health insurance from a tax perspective is where our assistance begins and ends.  Unfortunately, the situation with your employer is something that you will have to address with private counsel.

Elecia · Answer

While doing my taxes for the last 2-3 years it appears that I owe the Market Place money, but I don't make the payments, they come directly from my employer's business account.  The only thing I do is suffer the benefits.

I have to contract/ work contract, however, I have minutes from a business organization meeting where my salary was discussed, raised and they were going to pay $400.00 a month towards my health insurance and we agreed that after what happened in 2022 (I was not going to be responsible for even making the premium payments, they were going to do that so no more money could be stolen from my paycheck(s).

And yeah, there are a few questions of legality but no one (TWC, DOL, Employment Attorney's) wants to help with any of the legal things.

I hope this answers your questions.

Regards,

Elecia

GeorgeM · Answer

Hello Elecia:

Your post seems to raise both a legal question and maybe a tax question.  While offering legal advice is beyond the scope of the assistance we can provide, we might be able to offer advice with regard to your tax questions depending on the complexity.

However, before we can make any suggestions regarding your tax questions, we need more information about how your employer’s default of the purported agreement between you and your employer has affected you from a tax perspective.  Specifically, what are you trying to do, or need to report, with our tax software.  If you can provide us with some additional information, perhaps we will be able to better assist you.