TaxGuyBill
Level 15
11-07-2022
05:14 PM
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If you feel it rises to the level of "reckless disregard", then the SLCSP is $0, but in my opinion the repayment limits still apply.
However, in my opinion it does not rise to the level of "reckless disregard". Here is how the Regulation defines it:
A reckless disregard of the fact occurs if the taxpayer makes little or no effort to determine whether the information provided to the Exchange is accurate under circumstances that demonstrate a substantial deviation from the standard of conduct a reasonable person would observe
In my opinion, because you client submitted their income to their insurance agent, they would have assumed everything was "accurate".