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I bought Obamacare for the first time for myself and my 23-year old in 2017. She earned more than $4050.00 so I cannot claim her as a dependent.

I got the tax subsidy, but earned more than I projected, so I have to pay back some of the subsidy. We are being asked to allocate percentages that each of us was responsible for the premiums, the SLCSP and the advance payment tax credit in each of our respective tax returns.

We paid the premiums from a joint family account that she contributes to. Because her income was lower, I would have to pay back lower amounts if she takes on a bigger percentage.

My question: Would it be a violation of any rule if she took on a bigger percentage of the premiums, SLCSP and PTC?

Here is Turbo Tax's guidance on the issue:

Child/Children on another tax plan
If you share a policy with someone who is claimed on another tax return (usually a child), you can take the number of people on your tax return who are covered on that plan and divide by the total number of people in the plan. This would be your percentage of the premiums, SLCSP and advanced payment of the premium tax credits, unless you agreed on a different number beforehand .

The last bolded part seems to imply that you can use whatever percentages you agree on.
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