The wrong 1095-A forms went out to about 800,000. This form is used to adjust cost assistance on taxes. The wrong forms had correct subsidy amounts, but the wrong calculations.

For the 50,000 or so who already filed the wrong form, you can keep the extra tax credit. For the 750,000 who didn’t, please wait until you get the correct form in March. If you are running out-of-time to file, see our page on filing taxes without a 1095-A.

Here is What you Need to Know if you got the Wrong 1095-A Form from the Marketplace

Some people who had coverage through HealthCare.Gov received a 1095-A form with one incorrect calculation on it. The “second lowest cost silver plan” on Part III column B used 2015 plan prices instead of 2014 prices. Other information on the form is correct. So any errors will be slight.

You can use the Second Lowest Cost Silver Plan tax tool to help you calculate amounts if you didn’t get the correct 1095. However, we suggest following the instructions below before filing your 8962 Premium Tax Credit form using an inaccurate 1095. Reporting the incorrect amounts on your 1095 could lead to you being off on your calculations, and getting or owing more Tax Credits then appropriate.

If you Already Filed an Incorrect 1095

If you already filed your 1040 and 8962 form using an incorrect 1095, the IRS has announced that it will not affect your tax return negatively.

  • If you filed early based on the bad form and received a larger premium tax credit than you should have, you can keep it.
  • If you haven’t filed your form yet, you are being asked to wait until you get the correct form.
  • You cannot be punished in any way other than the IRS withholding money you would get from a return for filing ObamaCare related taxes incorrectly.
  • If you already filed and want to request to be waived from any fees associated with filling early you can amend your return with the correct information and/or file form 2210 Underpayment of Estimated Tax by Individuals, Estates, and Trusts.
NOTE: Some 1095 forms simply haven’t been filed yet. Learn more about what to do if you didn’t get your 1095, or about 1095’s in general including 1095-B and 1095-C.

Should I Re-File?

“A tax filer is likely to benefit from amending if the 2015 monthly premium for his or her second lowest cost Silver plan (or “benchmark” plan) is less than the 2014 premium.  For example, if a filer’s original form lists a benchmark premium of $100 and her updated form lists a premium of $200, it may be in her interest to refile.  Individuals may want to consult with their tax preparers to determine if they would benefit from filing amended returns.” – Treasury Department

The closer you are to one of the income levels below, the more likely it is that the slight variation caused by the Second Lowest Cost Silver plan will be impactful.

Tax Credit Repayment Levels

Income % of FPL Filing Status:
Single
Filing Status:
All Other
Less than 200% FPL $300 $600
At least 200% FPL
but less than 300%
$750 $1,500
At least 300% FPL
but less than 400%
$1,250 $2,500
If your year end income exceeds 400% FPL, you will have to return the total amount of Advanced Premium Tax Credits you received.If you make too little to qualify for subsidies (less 100% FPL), then you owe NOTHING.That being said, if you know you are going to price out of cost assistance, make sure to update your Marketplace account. You may become eligible for a free or low-cost Medicaid plan if your state expanded Medicaid.

The Treasury department and IRS recently confirmed this applies to both the federal exchange HealthCare.Gov and the state exchanges.. Learn more refiling due to a wrong 1095-A.

Official Statement from CMS

Your 1095-A form should have arrived in your mailbox in February. Most consumers can also download a copy of their 1095-A through their HealthCare.gov account.

We have been urging consumers to check the information on their forms – such as the number of people in your household – for accuracy. People who find errors on their form can contact the Marketplace Call Center at 1-800-318-2596 to find out how to request a corrected form.

About 20 percent of the tax filers who had Federally-facilitated Marketplace coverage in 2014 and used tax credits to lower their premium costs – about 800,000 (< 1% of total tax filers) – will soon receive an updated Form 1095-A because the original version issued listed an incorrect benchmark plan premium amount.

Based upon preliminary estimates, we understand that approximately 90-95% of these tax filers haven’t filed their tax return yet. We are advising them to wait until the first week of March when they receive their new form or go online for correct information before filing. For those who have filed their taxes — approximately 50,000 (< 0.05% of total tax filers) – the Treasury Department will provide additional information soon.

It’s important to note that this issue does not affect the majority of Marketplace consumers and only affects people who signed up through one of the 37 states using HealthCare.gov. About 80 percent of Marketplace consumers who received a 1095-A from the federal Marketplace do not have affected forms and should go ahead and file their annual tax return. Additionally, this issue does not mean that consumers received the incorrect amount of tax credit throughout the year.

It’s also important to note that this does not affect the vast majority of tax filers who will just need to check a box on their tax return to indicate that they had health coverage in 2014 either through their employer, Medicare, Medicaid, veterans care, or other qualified health coverage programs. – CMS

Marketplace consumers concerned about the status of their 1095-A forms should take the following actions:

Information from CMS

  1. You can find out if you are affected by logging in to your account at HealthCare.gov. You will see a notice message that will let you know if your form was or was not affected.  A majority of tax filers with Marketplace coverage through HealthCare.gov that received a 1095-A– about 80 percent – will find that their form was not affected by this issue and will be able to file their taxes with their current form.
  2. Wait to file if your form was affected. It’s best to wait to file your tax return until you receive your corrected 1095-A Form from the Marketplaces or download the corrected form by logging into your account.  New forms are being sent from the Marketplace beginning in early March. When your corrected form is ready, you’ll also receive a message through your Marketplace account on HealthCare.gov.
  3. If you need to file now, use the Healthcare.gov tool. If you can’t wait, and want to find the correct amount of the second lowest cost Silver plan that applied to your household in 2014, you have 2 options: 1) You can use this tool to find that amount, or 2) You can call the Marketplace Call Center at 1-800-318-2596 (TTY: 1-855-889-4325) and they can help.
More from ObamaCareFacts.com: You can learn more about filing taxes under the Affordable Care Act by going to our ObamaCare tax for guide. We have collected all the forms and done simplified walkthroughs of all the instructions.

What do you think?

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Brian on

I’ve logged into my account at HealthCare.gov and did not notice any message letting me know if my Form 1095-A was or was not affected.

I’ve used the tool (mentioned above) to find the correct amount of the second lowest cost Silver plan that applied to my household in 2014. That amount matches exactly the amount on the Form 1095-A that I had received from the Marketplace. These correct amounts were carried-over to my Form 8962.

I filed my federal return a week ago. Since my Form 1095-A appears to be OK, does that mean that my federal return will not be held up because of this 1095-A snafu?

ObamaCareFacts.com on

The majority of people who got tax credits got the correct 1095-A. If you got the correct one (and have double checked the amounts) then there is no reason to hold off on filing. Returns that are filled using the correct forms shouldn’t be held up.

Loven Patrick on

I filed my taxes with the correct 1095a and they still not issuing my taxes because of so many people incorrect 1095a and its been over 21 days! How much longer will it take to verified that my 1095a that I filed is correct?

Dian Robertson on

I had already filed my 2014 tax return before getting the message that my 1095A was incorrect. My dealings with the Marketplace have been nothing less than a fiasco from the start. They have not been able to get my address correct even after my calling 13 times. The last person I spoke with told me she didn’t even see where it was noted that my address was not complete. If I receive mail that is time sensitive it might not get to me until too late. I also sent a copy of my pay stub for proof of income but have continued to receive requests (2) for proof of income. The last person I spoke with told me she didn’t see where proof of income was needed any longer yet I get (2) additional requests. I could go on but I won’t. I wish I could get my health insurance any other way but Marketplace. I have been placed on very long holds and even though people have been polite they are definately not knowledgeable about their jobs.

Roberta Rowland on

My 1095a stared I had insurance jan-april 2014,when in fact i had coverage jan-dec. I call marketplace(waited month for reply) they told me insurances fault.Insurance said marketplace.Twice this has happened.Don’t know what to do please help!

ABANIC FRANCOIS on

I already filed and sent it to IRS and to night I don’t my refund . what’s happenig to it.

ObamaCareFacts.com on

If you already filed your form, using the incorrect 1095-A information, you’ll simply get to keep the extra tax credit amount. It won’t be much (since the mistake on those forms was minor) but you do get to keep it. Those who didn’t file the form should wait until they get the “corrected” form in March. If you can’t wait, you can use the “second lowest cost silver plan” tax tool to correct column B of part III. http://obamacarefacts.com/second-lowest-cost-silver-plan-slcsp-and-tax-tools/

Mackenzie on

I received a 1095-A form, then a postcard saying it was incorrect. I have not received an updated form online in my account or in the mail. I attempted to use the Second Lowest Cost Silver Plan tax tool, which instead of giving me the number I needed to check the accuracy of my form on my own, told me to visit Covered CA. com or to call the general phone number. What happens if I can’t get the updated information before the tax deadline? What happens if I file with the original, possibly incorrect form?

ObamaCareFacts.com on

Both the Treasury department and the IRS specifically have both stated a number of times that those who file with an incorrect 1095-A won’t be penalized. That being said, using the wrong Second Lowest Cost Silver Plan amount can mean paying more in some specific instances. So we do suggest finding the right information before filing.

We don’t see that covered CA is posting the SLCSP info publicly (or at least we can’t find it). You SHOULD call them to get it so you can determine if filing with the wrong amount will help or hurt you. If it hurts you, simply use the correct number and file.

If you find the covered CA SLCSP tool, please post it to this page for others. Thanks!

ObamaCareFacts.com on

Here is the latest Treasury / IRS info on what to do with a wrong or missing 1095-A http://obamacarefacts.com/2015/03/21/treasury-and-irs-confirm-no-penalties-for-wrong-1095-a/

Sara on

On the website, I got a message that my 1095A was correct. However, when I used the tool to check, it comes up with a different figure. Healthcare.gov told me to use the original figure which means I have to pay more of the subsidy back. When I asked to speak to the “specialist” who made the determination, they kept me on hold for a long time and then disconnected me. I urge everyone to go onto the website and use the “second lowest cost silver plan” tax tool to see if your 1095A is actually correct, as I suspect that a lot more are incorrect than they are admitting and are hoping people don’t find out.

Kenneth on

I filed my taxes electronically on January 29, 2015 using the incorrect 1095A. I received my income tax in the mail today.
I need to amend my return because I did not report the amount of income correctly from my W-2. I have not received a corrected 1095-A, but I went to the health care website to get the correct information for my 1095-A. I have amended my return but did not submit it yet. It turns out that I owe $21 to the Federal government if I amend my return using the correct amount from my W-2, but if I use the correct amount from the 1095-A then I will owe them $367.00 (Total would be 388.00). Do I have to include the corrected amount from my 1095-A when I amend and my tax return?

Kenneth on

Correction: I received my income tax check in the mail today.

ObamaCareFacts.com on

If you filed using a 1095-A with incorrect information, thus getting a better deal than you would have, you can simply leave your tax return as is. The IRS has said they will not punish anyone who gets the incorrect amount of net tax credit, if they had already filed using a 1095-A with incorrect information. For people who haven’t filed yet, they should wait until they get the correct form between now and March.

henrietta lacey on

This information is very informative for taxpayers. Now i can make all our office aware and knowledgable good job

Stanley Le on

I am a Federal employee retiree and I joined Kaiser Permanente plan. Until today (March 4) they have not issued my 1095-A and cannot prepare my income tax. I hope this will be mentioned in this so that other retirees may read. Thank you

Linda on

Depending on what mistake was made on your 1095A, you could ending up paying more tax than you should. The SLCSP on my 1095a was incorrectly underestimated by $123 a month. This will error will cost me an extra $750 in taxes. Make sure that you SLCSP is correct before you file you taxes.

Jeff on

Filed on Feb 2, 2015 its Mar 13 now and after about an hour on hold with the IRS the rep said my return is in the Error Resolution Department. The problem was something they didn’t need my input on, so no letter or email was sent to me to notify me of the delay.

“Where is my Refund” status shows “still processing”, I was told that the current estimate is another 20 days or more. Our 1095-a didn’t show as one of the ones with errors but my refund is still being hijacked.

Amanda on

We filed on Feb. 2nd with wrong form and still no refund. It’s ridiculous we have to wait this long on an error that wasn’t ours!

margaret l peoples on

How soon will my correct tax form get to my home as time to file is running out. HELP please.

Margaret l Peoples

ObamaCareFacts.com on

If you didn’t get a 1095-A the first step is to call the Marketplace. Late 1095-A forms are still being filed. If you can’t resolve the issue check out this page for finding the information on your 1095-A yourself: http://obamacarefacts.com/2015/03/12/didnt-get-1095-a-or-ecn/

Debbie on

I filed my taxes using incorrect info on my 1095-A. I will have a larger refund however who will pay for my amended return? I filed through tax act which was no charge for my Federal return but my state return was $14.99. To file an amended return through tax act for the federal return it costs $17.99 & I have to file an amended return for my state as well which is another $14.99. So who is going to pay the additional $32.98 that I will be charged for the amended returns?

ObamaCareFacts.com on

Good question. Let us know if you get an answer on this one. We assume you would be expected to pay any fees associated with amending your return. However, the IRS website has many instances of waived fees for similar situations. Also, if you amend your return before the April 15 deadline it may count as an “original return”, although this doesn’t necessarily affect any related fees.

Scott pocasangre on

How do u now if i need a2014 revised form I received my 1095 A but don’t now if it was correct. Not sure if I need a revised form or if I can file thx. Scott pocasangre

ObamaCareFacts.com on

First thing to do is to check the cost of the “second lowest cost silver plan”. If that is right then you don’t need a revised form. If you file using an incorrect form you won’t be punished by the IRS. You can use the page linked in this comment to learn how to double check all the important information on the 1095-A http://obamacarefacts.com/2015/03/12/didnt-get-1095-a-or-ecn/

JENNY on

I filed my taxes on Feb. 6th was accepted Feb.7th. I did have the wrong 1095-A I already received it 2 weeks ago, and my tax return is still showing being processed WHEN WILL I GET MY REFUND. Do I need to wait the full 21 days again from receiving my new 1095 forms? This is beyond ridiculous.

Beth Inglehart on

We e-filed as married using the incorrect 1095-A that was received on Feb. 9th. We didn’t know there was an issue until we received our State but not Federal refund. In the interim we started getting calls not to file because of the 1095 (we didn’t even get a letter in the mail, just phone messages!), but we had already filed. When we looked into this situation online it looked like because we filed early we were exempt from this issue. I called March 9th after we still hadn’t received a refund and was told there was an “error” and to call back MARCH 31! I called today to see if we could get our refund expedited because we filed early.

I kept calling back and fourth from MPM to the IRS. I explained my situation, but was told because we (by now of course) received a “correct” form we should now SEND that in along with a letter, we still haven’t received, from the IRS. I read the statement given by the Treasure that a person who filed early could keep their original filing. We will be losing about $100 with the updated one, plus we have received many NSF fees from our bank as a result of delayed refund. I have been out of work since 2013 due to disability and we really depended on this refund to survive. I felt that the person on the form was trying to “guilt” me into sending the “correct” hard copy, instead of the original.

Based on this information would the IRS honor our original filing if we sent in our original paperwork?

Please help!

Thanks

ObamaCareFacts.com on

From what we understand they should accept your original form using an incorrect 1095-A. This statement HAS been given by Treasury on behalf of the IRS. That being said, we would still advise following steps that the IRS suggests. If you get back on the phone with them why not point them to the Treasury statement. We have linked to that statement on the page in this comment, as well as a CMS posting of the same thing. http://obamacarefacts.com/2015/03/21/treasury-and-irs-confirm-no-penalties-for-wrong-1095-a/

Please post again when you find a resolution.

Beth Inglehart on

I have VERBATIM recited the press release to multiple people; this seems to upset the people I’m talking to at BOTH the IRS and Marketplace Medical, which is another reason I feel they are going BACK on their word! This is why I want to know what I can do just short of hiring a tax lawyer, which obviously wouldn’t be worth it for $100. I have also asked WHY I have not been exempt BECAUSE of this statement. I have called BOTH Marketplace Medical and the IRS multiple times about my refund each one is blaming the other! This doesn’t seem fair; I just want the refund I feel is owed to me. They have apparently rejected my tax return and is going to return it to me. I am just so confused BECAUSE of the statement released. This doesn’t seem fair. Any further advice?

Thanks again

Vasilios on

I can beat you all !! My 1095-A (along with my brother’s) showed “0” for my SLCSP which made my $2,412 refund to be 0 once the calculations were done!! How’s them apples. I called the marketplace before filing and they told me yes they realize some 1095’s were incorrect (had 0 in the SLCSP column) & I should use the tool online to figure the corrected amount. Did that, got correct SLCSP amount filed using the correct amount and then waited, and waited and waited for refund. Finally I get a letter in the mail from the IRS saying that according to their records I used my credit WHEN I DIDN’T and to send them the FORM 8962. Here’s where it gets good. Just spoke with an IRS rep today and after waiting on hold for 1 hour !!! I gave her all my info and she says to me that she has to put me on hold again to go check on my status (praying that I don’t get disconnected to have to wait another hour to explain the situation again to a new operator) alas I didn’t get disconnected (thank God), she came back and has the nerve to tell me that “yes I do see that you filed but it seems it’s in the review stages and I don’t have any further information why it’s being held up” – seriously !! She goes on to say that those who are reviewing the returns have a different system and she can’t tell from her system what’s the problem – seriously !! THEN WHY AM I CALLING YOU !!!! I told her, well can I speak to someone who know’s what’s wrong with my return and she says that her department handles these notices and that she is the one who knows why these notices go out. UM- ??? Didn’t she just say she doesn’t know why I’m having problems???!!! UGH. Gov at it’s best !!! I told her the whole story (why I think their may be a problem with the return) about the wrong 1095a form and how the marketplace is admitting they made a mistake and how I used the figure I got from the online tool to find the corrected SLCSP, so she tells me to send in the Form 8962 and 1095A and any other documents (letter explaining my story) via FAX (that I can’t verify if they received it for 3 weeks) and someone will call me In 6-8 weeks to follow up! This is exactly what the letter / notice said verbatim !!! I called her to get more info so I can FIX the problem not to send in my documents so that I can be told in 8 weeks well there is still a problem! THERE YOU HAVE IT. THE GOV. @ IT’S BEST! And they thought it was a good idea to nationalize healthcare! UGH! I’m sure now they will get back to me (in 8 weeks) and say but our records show that you took the tax credit !!! UGH! I’m just hoping that my Form 8962 got lost in the shuffle because I mailed in my returns via USPS (since I had to include a K-1). LESSON HERE FOLKS: E-FILE !!!! p.s. I did my brother’s return as well and his also had 0 for his SLCSP and his return went through swimmingly and he got his refund check 2 weeks ago! Go figure!

ObamaCareFacts.com on

Thanks for sharing. The IRS suggests E-filing and if you claim less than $60,000 and want to do it yourself, you can do it for free. Seems like this may be benefit to people who are getting tax credits. We will try to spread more awareness of that for next open enrollment.

Linda on

I have been trying since January 2015 to get my corrected 1095A tax form. I have filed appeals and still nothing. I owe money back, why won’t you fix your errors. You presented a fraudulent tax document to the IRS and per the IRS you are mandated to fix your errors in a timely manner-not 9 MONTHS later. I am appalled that you are allowed to continue with your inability to correct mistakes.
shame on you

Linda Gramz on

I have been fighting with this entity since January 2015 to have them fix my incorrect 1095A. I went thru all steps and still they won’t fix their errors. Florida Blue has the correct dates of my eligibility they have sent this information to Healthcare.gov but this entity is refusing to correct it. I am fed up with the lack of integrity and the fraudulent tax documents that they have sent to the IRS on my behalf. They need to be held accountable to the IRS for any penalty that I incur. Shame on them and Obamacare, this is a failed policy.

Corey on

I’m totally in the same boat. Filed in Feb. and still dealing with this (incorrect 1095-A junk) in OCTOBER! Getting ready to do my taxes in January. What are these problems just going to stack up year to year until it’s even worse then it is now?? REPEAL OBAMACARE!! Vote Carson 2016!!! I liked my plan but could NOT KEEP IT. What a lie.

lourdes guzman on

I need a copy of the 1095A from from covertly one

vince on

I have not received my 1095A form. I need to know how to have my 1095A form mailed to me, so that I may file my taxes. Or can i print my 1095 out online?

ObamaCareFacts.com on

The official word is you can’t self-file (This has been true, don’t think anything has changed). That said, it is possible to coordinate with your insurer and glean all the information on a 1095-a and self-file. The only question is “does the IRS accept this”. See this page: http://obamacarefacts.com/2015/03/12/didnt-get-1095-a-or-ecn/

Natalie Novik on

The idea that you can call the Marketplace for help is quite erroneous. I have placed 37 calls since 2014 to try and get the coverage cancelled after getting a job with a health plan. The answer is always “a case worker will recontact you within 30 days”. But they don’t… So the 1095-A for 2014 and 2015 are wrong, but the Marketplace is in no hurry to correct their mistake…