The Affordable Care Act (ACA), also known as Obamacare, details the shared responsibility provision. Its goal is to make sure all US citizens and permanent residents have access to quality and affordable health insurance in America.
Non-residents, including international students on the F, J, M, and Q visa categories, are not subjected to the individual mandate during the first 5 years of their stay in the country.
For individuals in the J category, including teachers, trainees, au pairs, students, and travelers, the ACA states that they are not subject to the individual mandate for 2 years.
Beginning with the 2019 plan year (for taxes filed in April 2020), the ACA or Shared Responsibility Payment will no longer apply.
Details: Foreign nationals who live in the US for a short period, that they do not become resident aliens for federal income tax purposes, are exempted from the individual shared responsibility payment even though they may have to file for a US income tax return. The IRS discusses in detail when a foreigner becomes a resident alien in the US for federal income tax purposes.
Individuals who are exempt under this rule are:
- Non-resident aliens;
- Dual-status aliens who are in their first year of residency in the US;
- Non-resident aliens or dual-status aliens who chose to file a joint return with a US spouse;
- Individuals who file a Form 1040NR or Form 1040NR-EZ, including a dual-status tax return for their last year of stay in the US as a resident; and
- Individuals who are valid for personal exemption on Form 1040NR or Form 1040NR-EZ.
All US citizens living in the country are subject to individual shared responsibility provisions. All permanent residents and foreign nationals, who have been in the United States long enough during a calendar year to qualify as resident aliens for tax purposes, are also covered by the provision. The category includes non-resident aliens who meet certain presence requirements and elect to be treated as resident aliens.
For more information see Pub. 519. More: Shared Responsibility from the IRS (See Question 11)