IRS Form 8965: How to Claim a Health Coverage Exemption

Mature woman working on her laptop at home, reviewing healthcare coverage exemptions that may require Form 8965.

Not long ago, going without health insurance didn’t just mean taking a risk—it also meant paying the IRS. Under the Affordable Care Act (ACA), taxpayers without full-year coverage faced the “shared responsibility payment,” unless they qualified for an exemption.

That’s where Form 8965 came in. Filing the form allowed taxpayers to claim a health coverage exemption and avoid the penalty.

The rules have since changed. Beginning with the 2019 tax year, the federal penalty dropped to $0, which means Form 8965 is now obsolete for federal purposes. But it hasn’t disappeared entirely—if you’re amending older returns, Form 8965 may still be part of your filing checklist.

📋 Key Updates for 2026

  • State individual-mandate enforcement is getting more aggressive, and in 2026 California, Massachusetts, New Jersey, Rhode Island, and Washington, D.C. still impose penalties.
  • California’s penalty is inflation-adjusted and for tax year 2025 (filed in 2026) it starts at $950 per adult and $475 per dependent child, or 2.5% of household income, whichever is higher.
  • The Inflation Reduction Act’s enhanced Premium Tax Credits expired on December 31, 2025, which is pushing many taxpayers into higher premiums and causing some to lose subsidy eligibility.

What is IRS Form 8965?

IRS Form 8965 was the form used to claim exemptions from the Affordable Care Act’s penalty for not having health insurance coverage. While the form is now retired at the federal level, it played an important role for taxpayers who didn’t maintain minimum essential coverage for themselves or their tax household.

Here’s how it worked:

  • Part I – Marketplace exemptions: Listed exemptions granted through healthcare.gov or a state marketplace, each identified by an exemption certificate number.
  • Part II – Return-based exemptions: Claimed directly on the Form 1040 without going through the marketplace—for example, low household income, membership in a health care sharing ministry, or certain hardship cases.
  • Part III – Family member exemptions: Broke down coverage month by month for each person in the tax household, requiring Social Security numbers and exemption codes.

These exemptions recognized situations like membership in a recognized religious sect, financial hardship, or gaps in coverage that the IRS treated as reasonable. In many cases, they worked alongside the premium tax credit to make health insurance more affordable for U.S. citizens and residents.

💡 Pro Tip:

Form 8965 only applied to federal filings through 2018. If you’re filing in a state with its own health insurance mandate (like California, Massachusetts, New Jersey, Rhode Island, or D.C.), you’ll need to use the state’s exemption form instead.

Who needed to file Form 8965?

Form 8965 was required for taxpayers whose gross income was above the federal filing threshold and who went without health insurance for one or more consecutive months in a given tax year. Filing the form let you claim an exemption and avoid the shared responsibility payment.

Common types of health coverage exemptions included:

  • Affordability exemptions: When the lowest-priced healthcare coverage available exceeded a set percentage of household income.
  • Religious or tribal membership: Members of certain recognized religious groups or federally recognized Indian tribes.
  • Hardship exemptions: Serious circumstances such as domestic violence, eviction, foreclosure, or major medical expenses that made coverage unrealistic.
  • Short coverage gaps: Exemptions for brief lapses—fewer than three consecutive months without insurance.
  • Marketplace-granted coverage exemptions: Specific cases where healthcare.gov or a state marketplace issued an exemption certificate.
  • Special cases: Membership in a federally recognized Indian tribe, incarceration, or certain eligibility issues with Medicaid, Medicare, or marketplace health plans.

💡 Pro Tip:

Some exemptions had to be approved first by the health insurance marketplace (with an exemption certificate), while others could be claimed directly on your tax return—so knowing the difference saved time and paperwork.

Do you still need Form 8965 today?

For federal taxes, Form 8965 is obsolete. The penalty for not having health insurance was reduced to $0 starting with the 2019 tax year, so the form is no longer required for current filings.

Here’s the breakdown:

  • No longer used federally: From 2019 onward, you cannot and do not need to file Form 8965.
  • State mandates use different forms: States like California, Massachusetts, New Jersey, Rhode Island, and the District of Columbia enforce their own coverage rules, but they require state-level exemption forms—not Form 8965.
  • Still relevant for older years: If you’re amending a federal income tax return for 2018 or earlier, you may still need Form 8965 to properly claim an exemption.

💡 Pro Tip:

If you’re unsure whether your situation calls for Form 8965 or a state-specific exemption form, check the instructions on irs.gov for older years or talk to a tax professional to avoid mixing them up.

Health coverage exemptions made simple

Form 8965 may no longer show up in your annual filing, but it still matters if you’re amending older federal returns or dealing with a state-level mandate and exemption process.

And in 2026, the stakes can feel higher than “avoiding a fine,” especially if Premium Tax Credits are in the mix—because the real risk is the size of what you may have to repay, not just a line on your return.

Whether you’re navigating New Jersey rules or filing from London, the goal is protecting your wider tax position. Bright!Tax’s expat-focused CPAs can help you handle exemptions, amendments, and state requirements cleanly—so your tax filing stays boring (in the best way).

Frequently Asked Questions

  • What was IRS Form 8965 used for?

    Form 8965 was one of the official IRS tax forms used to claim a health coverage exemption under the Affordable Care Act. It allowed taxpayers to avoid the shared responsibility payment if they qualified for an exemption type such as financial hardship, short coverage gap, or religious membership.

  • Do I still need Form 8965 today?

    No. The federal penalty for not having insurance was reduced to $0 starting in 2019. You might still use Form 8965 if you’re amending an older return (2018 or earlier), but current exemptions are handled with state-level tax forms in states that have their own mandates

    However, while you no longer file Form 8965 to avoid a penalty, you MUST file Form 8962 if you received any marketplace subsidies. Under new 2026 rules, the IRS has removed “good faith” protections; failing to reconcile your subsidies can now result in immediate “lock-outs” from future financial assistance.

  • How was the form completed?

    Taxpayers used a worksheet included in the IRS instructions to determine eligibility, then filled out Parts I–III of Form 8965. The form could be attached to an income tax return filed by mail or submitted through e-file.

  • Did filing Form 8965 affect my tax refund?

    Yes, in some cases. Claiming an exemption type properly could reduce or eliminate the penalty for not having coverage, which meant keeping more of your tax refund rather than losing it to the shared responsibility payment.

  • Where can I find old versions of Form 8965?

    Previous-year tax forms, including Form 8965 and its instructions, are still available at irs.gov. These include the worksheets and guidance needed if you’re filing or amending older returns.

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