312.2 Who is in the MAGI Household

MAGI household composition is determined based on federal tax rules with some exceptions. When the CAO determines eligibility for MAGI MA, the CAO must first determine tax filing status and tax relationships between the individuals in the household.

 

Individuals who do not live in the applicant’s household but claim an applicant in the household as a tax dependent are recognized as an Out-of-the Household (OOTH) individual.  An OOTH is included when determining a MAGI household if:

 

OR

 

312.21 Tax Filing Status

Each applicant’s income eligibility is based on one of three tax filing statuses:

 

 

NOTE:  An individual who is both a tax dependent and a tax filer will be considered a tax dependent. 

 

NOTE: The terms Tax Filer and Tax Dependent always refer to the expected status for the current coverage year, and not to any prior filing status.

 

An applicant may have a tax relation to an individual who lives outside the applicant’s household.  This individual is referred to as an Outside of the Household (OOTH) individual.

 

An OOTH:

 

 

312.22  MAGI Filer/Non-Filer Rules for Household Composition

When determining eligibility for individuals who are tax filers and tax dependents, the MAGI Filer Rules for household composition are followed.

 

Tax Filer Rules for Household Composition

 

The household composition of a tax filer is:

 

 

NOTE: Married couples living together will be included in the household of the other spouse regardless of whether they expect to file a joint tax return.

 

Spouses cannot be tax dependents of each other.

 

NOTE: When determining eligibility for a household which includes a pregnant woman, the pregnant woman is counted as herself plus the number of children she is expected to deliver.

 

Exceptions to tax filer rules:

 

 

Example: Anne (age 49) states on her application that she will claim her daughter, Susan (age 28), and her son, Ian (age 15), on her tax return.  Due to Susan’s age, the CAO can request that Anne provide proof that she claims Susan as a tax dependent.  If Anne does not provide proof, the CAO will use non-filer rules to determine Anne’s MAGI household.

 

Tax Dependent Rules for Household Composition

 

The household composition of a tax dependent is:

 

 

Exceptions to tax dependent rules:

 

 

Example: Emily and Jacob have legal custody of their grandson, Andrew (age 8).  Emily and Jacob claim Andrew as their Tax Dependent.  Andrew’s MAGI household composition will use Non-Filer rules and will include Andrew only.

 

 

Example: Maria and Jorge are not married but are living together and are the parents of Brian (age 4).  Maria and Jorge will not file taxes jointly and Maria will claim Brian as a Tax Dependent.  Brian’s MAGI household composition will use Non-Filer rules and will include Brian, Maria and Jorge.

 

 

Example: James and Caitlin are divorced and do not live together.  Caitlin has primary physical custody of their son, Rob (age 10).  James claims Rob as a tax dependent.  Rob’s MAGI household composition will use Non-Filer rules and will include Rob and Caitlin.  James will not be counted in the MAGI household.

 

 

Example: Frank and Laura are married and will file taxes jointly, claiming their son, Derrick (age 9).  Frank and Laura are separated and Frank is living outside of the household.  Derrick’s MAGI household will be Laura and Derrick only.

 

Non-Filer Rules for Household Composition

 

When determining eligibility for individuals who are not tax filers and not tax dependents, the Non-Filer Rules for household composition are followed.

 

The household composition of a non-filer is:

 

 

If a child is a target whose eligibility is being determined under non-filer rules, the child’s

household composition includes:

 

 

 

Reissued September 24, 2014, replacing September 19, 2014