§ 36B. Refundable credit for coverage under a qualified health plan
(a)
In general
In the case of an applicable taxpayer, there shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the premium assistance credit amount of the taxpayer for the taxable year.
(b)
Premium assistance credit amount
For purposes of this section—
(1)
In general
The term “premium assistance credit amount” means, with respect to any taxable year, the sum of the premium assistance amounts determined under paragraph (2) with respect to all coverage months of the taxpayer occurring during the taxable year.
(2)
Premium assistance amount
The premium assistance amount determined under this subsection with respect to any coverage month is the amount equal to the lesser of—
(A)
the monthly premiums for such month for 1 or more qualified health plans offered in the individual market within a State which cover the taxpayer, the taxpayer’s spouse, or any dependent (as defined in section
152) of the taxpayer and which were enrolled in through an Exchange established by the State under 1311 [1] of the Patient Protection and Affordable Care Act, or
(3)
Other terms and rules relating to premium assistance amounts
For purposes of paragraph (2)—
(A)
Applicable percentage
(i)
In general
Except as provided in clause (ii), the applicable percentage for any taxable year shall be the percentage such that the applicable percentage for any taxpayer whose household income is within an income tier specified in the following table shall increase, on a sliding scale in a linear manner, from the initial premium percentage to the final premium percentage specified in such table for such income tier:
| In the case of household income (expressed as a percent of poverty line) within the following income tier: | The initial premium percentage is— | The final premium percentage is— |
|---|---|---|
| Up to 133% | ||
| 2.0% | ||
| 2.0% | ||
| 133% up to 150% | ||
| 3.0% | ||
| 4.0% | ||
| 150% up to 200% | ||
| 4.0% | ||
| 6.3% | ||
| 200% up to 250% | ||
| 6.3% | ||
| 8.05% | ||
| 250% up to 300% | ||
| 8.05% | ||
| 9.5% | ||
| 300% up to 400% | ||
| 9.5% | ||
| 9.5%. |
(ii)
Indexing
(I)
In general
Subject to subclause (II), in the case of taxable years beginning in any calendar year after 2014, the initial and final applicable percentages under clause (i) (as in effect for the preceding calendar year after application of this clause) shall be adjusted to reflect the excess of the rate of premium growth for the preceding calendar year over the rate of income growth for the preceding calendar year.
(II)
Additional adjustment
Except as provided in subclause (III), in the case of any calendar year after 2018, the percentages described in subclause (I) shall, in addition to the adjustment under subclause (I), be adjusted to reflect the excess (if any) of the rate of premium growth estimated under subclause (I) for the preceding calendar year over the rate of growth in the consumer price index for the preceding calendar year.
(III)
Failsafe
Subclause (II) shall apply for any calendar year only if the aggregate amount of premium tax credits under this section and cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act for the preceding calendar year exceeds an amount equal to 0.504 percent of the gross domestic product for the preceding calendar year.
(B)
Applicable second lowest cost silver plan
The applicable second lowest cost silver plan with respect to any applicable taxpayer is the second lowest cost silver plan of the individual market in the rating area in which the taxpayer resides which—
(i)
is offered through the same Exchange through which the qualified health plans taken into account under paragraph (2)(A) were offered, and
(ii)
provides—
(I)
self-only coverage in the case of an applicable taxpayer—
If a taxpayer files a joint return and no credit is allowed under this section with respect to 1 of the spouses by reason of subsection (e), the taxpayer shall be treated as described in clause (ii)(I) unless a deduction is allowed under section
151 for the taxable year with respect to a dependent other than either spouse and subsection (e) does not apply to the dependent.
(C)
Adjusted monthly premium
The adjusted monthly premium for an applicable second lowest cost silver plan is the monthly premium which would have been charged (for the rating area with respect to which the premiums under paragraph (2)(A) were determined) for the plan if each individual covered under a qualified health plan taken into account under paragraph (2)(A) were covered by such silver plan and the premium was adjusted only for the age of each such individual in the manner allowed under section 2701 of the Public Health Service Act. In the case of a State participating in the wellness discount demonstration project under section 2705(d) of the Public Health Service Act, the adjusted monthly premium shall be determined without regard to any premium discount or rebate under such project.
(D)
Additional benefits
If—
(i)
a qualified health plan under section 1302(b)(5) of the Patient Protection and Affordable Care Act offers benefits in addition to the essential health benefits required to be provided by the plan, or
(ii)
a State requires a qualified health plan under section 1311(d)(3)(B) of such Act to cover benefits in addition to the essential health benefits required to be provided by the plan,
the portion of the premium for the plan properly allocable (under rules prescribed by the Secretary of Health and Human Services) to such additional benefits shall not be taken into account in determining either the monthly premium or the adjusted monthly premium under paragraph (2).
(E)
Special rule for pediatric dental coverage
For purposes of determining the amount of any monthly premium, if an individual enrolls in both a qualified health plan and a plan described in section 1311(d)(2)(B)(ii)(I) of the Patient Protection and Affordable Care Act for any plan year, the portion of the premium for the plan described in such section that (under regulations prescribed by the Secretary) is properly allocable to pediatric dental benefits which are included in the essential health benefits required to be provided by a qualified health plan under section 1302(b)(1)(J) of such Act shall be treated as a premium payable for a qualified health plan.
(c)
Definition and rules relating to applicable taxpayers, coverage months, and qualified health plan
For purposes of this section—
(1)
Applicable taxpayer
(A)
In general
The term “applicable taxpayer” means, with respect to any taxable year, a taxpayer whose household income for the taxable year equals or exceeds 100 percent but does not exceed 400 percent of an amount equal to the poverty line for a family of the size involved.
(B)
Special rule for certain individuals lawfully present in the United States
If—
(i)
a taxpayer has a household income which is not greater than 100 percent of an amount equal to the poverty line for a family of the size involved, and
(ii)
the taxpayer is an alien lawfully present in the United States, but is not eligible for the medicaid program under title XIX of the Social Security Act by reason of such alien status,
the taxpayer shall, for purposes of the credit under this section, be treated as an applicable taxpayer with a household income which is equal to 100 percent of the poverty line for a family of the size involved.
(C)
Married couples must file joint return
If the taxpayer is married (within the meaning of section
7703) at the close of the taxable year, the taxpayer shall be treated as an applicable taxpayer only if the taxpayer and the taxpayer’s spouse file a joint return for the taxable year.
(D)
Denial of credit to dependents
No credit shall be allowed under this section to any individual with respect to whom a deduction under section
151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins.
(2)
Coverage month
For purposes of this subsection—
(A)
In general
The term “coverage month” means, with respect to an applicable taxpayer, any month if—
(i)
as of the first day of such month the taxpayer, the taxpayer’s spouse, or any dependent of the taxpayer is covered by a qualified health plan described in subsection (b)(2)(A) that was enrolled in through an Exchange established by the State under section 1311 of the Patient Protection and Affordable Care Act, and
(B)
Exception for minimum essential coverage
(C)
Special rule for employer-sponsored minimum essential coverage
For purposes of subparagraph (B)—
(i)
Coverage must be affordable
Except as provided in clause (iii), an employee shall not be treated as eligible for minimum essential coverage if such coverage—
(II)
the employee’s required contribution (within the meaning of section
5000A
(e)(1)(B)) with respect to the plan exceeds 9.5 percent of the applicable taxpayer’s household income.
This clause shall also apply to an individual who is eligible to enroll in the plan by reason of a relationship the individual bears to the employee.
(ii)
Coverage must provide minimum value
Except as provided in clause (iii), an employee shall not be treated as eligible for minimum essential coverage if such coverage consists of an eligible employer-sponsored plan (as defined in section
5000A
(f)(2)) and the plan’s share of the total allowed costs of benefits provided under the plan is less than 60 percent of such costs.
(3)
Definitions and other rules
(d)
Terms relating to income and families
For purposes of this section—
(1)
Family size
The family size involved with respect to any taxpayer shall be equal to the number of individuals for whom the taxpayer is allowed a deduction under section
151 (relating to allowance of deduction for personal exemptions) for the taxable year.
(2)
Household income
(A)
Household income
The term “household income” means, with respect to any taxpayer, an amount equal to the sum of—
(3)
Poverty line
(B)
Poverty line used
In the case of any qualified health plan offered through an Exchange for coverage during a taxable year beginning in a calendar year, the poverty line used shall be the most recently published poverty line as of the 1st day of the regular enrollment period for coverage during such calendar year.
(e)
Rules for individuals not lawfully present
(1)
In general
If 1 or more individuals for whom a taxpayer is allowed a deduction under section
151 (relating to allowance of deduction for personal exemptions) for the taxable year (including the taxpayer or his spouse) are individuals who are not lawfully present—
(A)
the aggregate amount of premiums otherwise taken into account under clauses (i) and (ii) of subsection (b)(2)(A) shall be reduced by the portion (if any) of such premiums which is attributable to such individuals, and
(B)
for purposes of applying this section, the determination as to what percentage a taxpayer’s household income bears to the poverty level for a family of the size involved shall be made under one of the following methods:
(i)
A method under which—
(2)
Lawfully present
For purposes of this section, an individual shall be treated as lawfully present only if the individual is, and is reasonably expected to be for the entire period of enrollment for which the credit under this section is being claimed, a citizen or national of the United States or an alien lawfully present in the United States.
(3)
Secretarial authority
The Secretary of Health and Human Services, in consultation with the Secretary, shall prescribe rules setting forth the methods by which calculations of family size and household income are made for purposes of this subsection. Such rules shall be designed to ensure that the least burden is placed on individuals enrolling in qualified health plans through an Exchange and taxpayers eligible for the credit allowable under this section.
(f)
Reconciliation of credit and advance credit
(1)
In general
The amount of the credit allowed under this section for any taxable year shall be reduced (but not below zero) by the amount of any advance payment of such credit under section 1412 of the Patient Protection and Affordable Care Act.
(2)
Excess advance payments
(A)
In general
If the advance payments to a taxpayer under section 1412 of the Patient Protection and Affordable Care Act for a taxable year exceed the credit allowed by this section (determined without regard to paragraph (1)), the tax imposed by this chapter for the taxable year shall be increased by the amount of such excess.
(B)
Limitation on increase
(i)
In general
In the case of a taxpayer whose household income is less than 500 percent of the poverty line for the size of the family involved for the taxable year, the amount of the increase under subparagraph (A) shall in no event exceed the applicable dollar amount determined in accordance with the following table (one-half of such amount in the case of a taxpayer whose tax is determined under section
1
(c) for the taxable year):
| If the household income (expressed as a percent of poverty line) is: | The applicable dollar amount is: |
|---|---|
| Less than 200% | |
| $600 | |
| At least 200% but less than 250% | |
| $1,000 | |
| At least 250% but less than 300% | |
| $1,500 | |
| At least 300% but less than 350% | |
| $2,000 | |
| At least 350% but less than 400% | |
| $2,500 | |
| At least 400% but less than 450% | |
| $3,000 | |
| At least 450% but less than 500% | |
| $3,500. |
(ii)
Indexing of amount
In the case of any calendar year beginning after 2014, each of the dollar amounts in the table contained under clause (i) shall be increased by an amount equal to—
(II)
the cost-of-living adjustment determined under section
1
(f)(3) for the calendar year, determined by substituting “calendar year 2013” for “calendar year 1992” in subparagraph (B) thereof.
If the amount of any increase under clause (i) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.
(3)
Information requirement
Each Exchange (or any person carrying out 1 or more responsibilities of an Exchange under section 1311(f)(3) or 1321(c) of the Patient Protection and Affordable Care Act) shall provide the following information to the Secretary and to the taxpayer with respect to any health plan provided through the Exchange:
(A)
The level of coverage described in section 1302(d) of the Patient Protection and Affordable Care Act and the period such coverage was in effect.
(B)
The total premium for the coverage without regard to the credit under this section or cost-sharing reductions under section 1402 of such Act.
(C)
The aggregate amount of any advance payment of such credit or reductions under section 1412 of such Act.
(D)
The name, address, and TIN of the primary insured and the name and TIN of each other individual obtaining coverage under the policy.
(g)
Regulations
The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section, including regulations which provide for—
[1] So in original. Probably should be preceded by “section”.