Sec. 71301. Permitting premium tax credit only for certain individuals

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Section 36B(e)(1) is amended by inserting or, in the case of aliens who are lawfully present, are not eligible aliens after individuals who are not lawfully present . Section 36B(e)(2) is amended— by striking For purposes of this section, an individual and inserting “For purposes of this section— An individual , and by adding at the end the following new subparagraph: An individual who is an alien and lawfully present shall be treated as an eligible alien if such individual is, and is reasonably expected to be for the entire period of enrollment for which the credit under this section is being claimed— an alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), an alien who has been granted the status of Cuban and Haitian entrant, as defined in section 501(e) of the Refugee Education Assistance Act of 1980 ( Public Law 96–422 ); or an individual who lawfully resides in the United States in accordance with a Compact of Free Association referred to in section 402(b)(2)(G) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1612(b)(2)(G) ). .

Section 1411 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18081 ) is amended— in subsection (a)— in paragraph (1), by striking and ; and section 36B(e) of the Internal Revenue Code of 1986 in paragraph (2)— in subparagraph (A), by striking and at the end; in subparagraph (B), by adding and at the end; and by adding at the end the following new subparagraph: in the case such individual is an alien lawfully present in the United States, whether such individual is an eligible alien (within the meaning of section 36B(e)(2) of such Code); ; in subsection (b)(3), by adding at the end the following new subparagraph:

In the case the individual's eligibility is based on an attestation of the enrollee's immigration status, an attestation that such individual is an eligible alien (within the meaning of 36B(e)(2) of the Internal Revenue Code of 1986). ; and in subsection (c)(2)(B)(ii), by adding at the end the following new subclause: In the case of an individual described in clause (i)(I) with respect to whom a premium tax credit under section 36B of the Internal Revenue Code of 1986 is being claimed, the attestation that the individual is an eligible alien (within the meaning of section 36B(e)(2) of such Code). .

Section 1412(d) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18082(d) ) is amended by inserting before the period at the end the following: , or credits under . section 36B of the Internal Revenue Code of 1986 for aliens who are not eligible aliens (within the meaning of section 36B(e)(2) of such Code) The amendments made by this subsection shall apply with respect to plan years beginning on or after January 1, 2027. Section 5000A(d)(3) is amended by striking an alien lawfully present in the United States and inserting an eligible alien (within the meaning of section 36B(e)(2)) .

The amendments made by this section (other than the amendments made by subsection (c)) shall apply to taxable years beginning after December 31, 2026.

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Pub. L. 96-422

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Sec. 71301

Permitting premium tax credit only for certain individuals

Pub. L.Pub. L. 96-422

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