Breaking Barriers to Healthcare Access: Unlocking Premium Tax Credits for International Students and Noncitizens in the U.S.

ABSTRACT This paper examines the eligibility of the Premium Tax Credit (PTC) for noncitizen visa holders in the U.S., focusing on F-1 and F-2 visa holders. Although being “lawfully present” under the Affordable Care Act (ACA) is necessary to access PTC benefits, additional tax residency and filing requirements create unintended barriers. The law allows nonmarried international students who meet the lawfully present requirement to claim the credit but excludes married couples due to the joint filing prohibition for nonresident aliens under IRC § 6013(a)(1). This study highlights systemic misunderstandings surrounding PTC qualification, advocating for legislative reforms and enhanced guidance from the Department of Treasury. By fostering collaboration among policymakers, educators, and tax professionals, the paper calls for clearer eligibility criteria and policy adjustments to ensure broader, equitable access to healthcare subsidies, reinforcing the U.S.’s commitment to supporting international students and global academic talent.

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Publication Details

Journal
The ATA Journal of Legal Tax Research
Published
2025-03-24
DOI
https://doi.org/10.2308/jltr-2024-005
Primary Topic
Healthcare Policy and Management
Type
article
Field-Weighted Citation Impact
0.00
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article

Breaking Barriers to Healthcare Access: Unlocking Premium Tax Credits for International Students and Noncitizens in the U.S.

Anthony P. Curatola, T. L. Lin
The ATA Journal of Legal Tax Research
Healthcare Policy and Management
article

Breaking Barriers to Healthcare Access: Unlocking Premium Tax Credits for International Students and Noncitizens in the U.S.

Anthony P. Curatola, T. L. Lin
article en

Abstract

ABSTRACT This paper examines the eligibility of the Premium Tax Credit (PTC) for noncitizen visa holders in the U.S., focusing on F-1 and F-2 visa holders. Although being “lawfully present” under the Affordable Care Act (ACA) is necessary to access PTC benefits, additional tax residency and filing requirements create unintended barriers. The law allows nonmarried international students who meet the lawfully present requirement to claim the credit but excludes married couples due to the joint filing prohibition for nonresident aliens under IRC § 6013(a)(1). This study highlights systemic misunderstandings surrounding PTC qualification, advocating for legislative reforms and enhanced guidance from the Department of Treasury. By fostering collaboration among policymakers, educators, and tax professionals, the paper calls for clearer eligibility criteria and policy adjustments to ensure broader, equitable access to healthcare subsidies, reinforcing the U.S.’s commitment to supporting international students and global academic talent.

The ATA Journal of Legal Tax ResearchVol. 23(1)
Rowan University (US), Drexel University (US)
Openalex Percentile: Top 91%
Healthcare Policy and Management
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