Obamacare Marriage Penalty Elimination Act

To amend the Internal Revenue Code of 1986 to eliminate the marriage penalty in, and reduce the eligibility limitation on, the tax credit for health insurance premiums. 1. Short title This Act may be cited as the Obamacare Marriage Penalty Elimination Act 2. Elimination of marriage penalty in health insurance premium tax credit (a) In general Section 36B(d) (4) Elimination of marriage penalty In the case of a joint return— (A) Credit determined separately with respect to each spouse The credit allowed under this section shall be sum of the two credits determined under this section separately with respect to each spouse (as provided under this subparagraph). (B) Treatment of income of spouses (i) In general Except as provided in clause (ii), each spouse shall take into account the income of such spouse for purposes of this section. (ii) Income split not to result in ineligibility for credit for either spouse If— (I) the poverty line with respect to a spouse (determined after application of this paragraph but without regard to this clause) exceeds the income taken into account by such spouse for purposes of this section (as so determined), and (II) the income taken into account by the other spouse for purposes of this section (as so determined) exceeds the sum of the poverty line with respect to such other spouse (as so determined) plus the excess described in subclause (I), the excess described in subclause (I) shall be taken into account as income of the spouse referred to in subclause (I) and not as income of the spouse referred to in subclause (II). (C) Treatment of dependents (i) In general Except as provided in clause (ii), dependents of the taxpayer shall be allocated between the two spouses at the election of the taxpayer. For purposes of determining the family size involved and household income with respect to each spouse, only such spouse and the dependents allocated to such spouse under this subparagraph shall be taken into account (ii) Limitation on taxpayer allocation The number of dependents allocated to a spouse under clause (i) cannot exceed the number of dependents allocated to the other spouse by more than 1 dependent. (D) Treatment of premiums To the extent that the amount of any monthly premium is determined separately with respect to either spouse or any dependent of the taxpayer, such premium shall be taken into account by such spouse or the spouse to which such dependent is allocated under subparagraph (C). In the case of any monthly premium which is not so separately determined, such premium may be allocated between the two spouses at the election of the taxpayer. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 3. Reduction in poverty line eligibility limitation for health insurance premium tax credit (a) Amendments to the Internal Revenue Code of 1986 (1) In general Section 36B(c)(1)(A) 400 percent the applicable percentage (2) Applicable percentage Section 36B(c)(1) of such Code is amended by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following new subparagraph: (B) Applicable percentage The term applicable percentage Obamacare Marriage Penalty Elimination Act . (3) Conforming amendments (A) Section 36B(b)(3)(A)(i) of such Code is amended by inserting and subsection (c)(1)(A) Except as provided in clause (ii) (B) Section 36B(f)(2)(B)(i) of such Code is amended by striking 400 percent the applicable percentage (as defined in subsection (c)(1)(B)) (4) Effective date The amendments made by this subsection shall apply to taxable years beginning after December 31, 2015. (b) Amendments to the Patient Protection and Affordable Care Act (1) In general Section 1402(b)(2) of the Patient Protection and Affordable Care Act is amended by striking 400 percent the applicable percentage (as defined in section 36B(c)(1)(B) (2) Conforming amendments (A) Section 1402(c)(1)(A) of such Act is amended by striking The reduction Except as provided in subsection (b)(2), the reduction (B) Section 1402(c)(1)(B)(i) of such Act is amended by striking The Secretary Except as provided in subsection (b)(2), the Secretary (3) Effective date The amendments made by this subsection shall apply to months beginning after December 31, 2015.

Summary: Obamacare Marriage Penalty Elimination Act This bill amends the Internal Revenue Code, with respect to the tax credit for health care insurance premium assistance, to: (1) calculate the amount of such credit in the case of a joint tax return as the sum of each credit amount allowed to each spouse, thus preventing the tax effect known as the marriage penalty; and (2) replace the 400% poverty line eligibility limit for such credit with an applicable percentage based on a calculation of the combination of increased tax revenues and decreased outlays resulting from this Act.