I moved to Peru the last year. I came back this month (February) to file my taxes and the divorce.
I have been using the health insurance of my husband but I’m not any more and I didn’t get the ObamaCare plan.
I am going back to Peru next month where I will stay.
How can I be sure that I don’t gonna have to pay the penalty of not having Obama care insurance?
You qualify for an Exemption from the Tax Penalty if you are a U.S. citizen who spent at least 330 full days outside of the U.S. in a 12 month period or are a bona fide resident of a foreign country (or multiple countries) for a full tax year.
The 330 day rule applies to 12 consecutive months. They must be full days, but don't have to be consecutive days. You can claim the exemption for any month the rule would apply to. You won't owe the Shared Responsibility fee for any month that the 330 day rules applies to.
You will file for this exemption with your tax return as per the 8965 exemptions form instructions.
Here is what the instructions say:
Citizens living abroad and certain noncitizens (code “C”). You can claim a coverage exemption for yourself or another member of your tax household to which any of the following apply.
The individual is a U.S. citizen or resident who is physically present in a foreign country (or countries) for at least 330 full days within a 12-month period. You can claim the coverage exemption for any month during your tax year that is included in the 12-month period. For more information, see Physical Presence Test in Pub. 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad.
The individual is a U.S. citizen who is a bona fide resident of a foreign country (or countries) for an entire tax year. You can claim
the coverage exemption for the entire year. For more information, see Bona Fide Residence Test in Pub. 54.
The individual is a resident alien who is a citizen or national of a country with which the U.S. has an income tax treaty with an applicable nondiscrimination clause and who is a bona fide resident of a foreign country for an uninterrupted period that includes an entire tax year. You can claim the coverage exemption for the entire year. For more information, see Bona Fide Residence Test in Pub. 54.
The individual is a bona fide resident of a U.S. territory. You can claim the coverage exemption for the entire year.
The individual is not a U.S. citizen, not a U.S. national, and not an individual lawfully present in the U.S. For more information about who is treated as lawfully present for purposes of this coverage exemption, visit healthcare.gov.
You file a Form 1040NR or Form 1040NR-EZ. Do not attach Form 8965 to your tax return.
To claim this coverage exemption, enter code “C” in Part III, column c, and identify the months to which the exemption applies as described under Column d - p—Calendar Months, later.
You can learn more about the Physical Presence test, which relates to more than just the ACA, by clicking on the following link.
NOTE: If you take the 330 day exemption, have foreign coverage that counts as minimum essential coverage, have U.S. qualifying coverage, or have an exemption of another type for each month then you are safe from the fee. This means exacts for any specific person are likely to be complex. Given the complexity, we can't always answer every question. You should treat this information like a jump-off point and seek further information from a tax professional, the 8965 form, or the IRS specifically. See Foreign Insurance Coverage Fast Facts for Assisters from CMS for more details. I don't know of a list of coverages that count as MEC (minimum essential coverage), but generally nations that offer universal coverage or at least the benefits that ObamaCare offers should generally count.