TaxGuyBill
Level 15

@PA-EA wrote:

I can understand ands agree to that statement but what about the statement of qualified health plan covering more than one family. The example in (h) defines the non dependent child as more than one family. This is really what I keep getting hung up on when I want to allocate the advance premium tax credit for a client but am concerned of preparer penalties. 

 

"This paragraph(a)(1)(ii)(B)does not apply to amounts allocated under § 1.36B-3(h) (qualified health plan covering more than one family)


I understand that sentence is weird and doesn't make much sense, but think of it this way:  If this paragraph does not apply because the amounts are allocated under 1.36B-3(h) ... then what?

How do you allocate the Advance credit?  1.36B-3(h) does not address the Advance credit, therefore the amounts are NOT allocated under 1.36B-3(h).