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Tax Return for Insurance Dependent Eligibility?

 

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Subject Author Date
Tax Return for Insurance Dependent Eligibility? Dan Delgado 09-08-2009
Posted by Dan Delgado on September 8, 2009, 2:42 pm
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I apologize if this is too far off-topic.

My employer (about 5000 employees) hired ADP to verify eligibility of
dependents for insurance. It looks like it's mostly spouses that
they're concerned with. To do this, they are demanding that we send
in a copy of our current (in some cases past years, for several years)
tax returns.

Is this even a legitimate use of tax returns? I thought this
information was confidential for some reason. The idea of someone
sifting through my personal information and finances to establish that
my wife is really my wife seems (at best) like overkill to me.

Thanks for your thoughts on this.

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Posted by Stuart A. Bronstein on September 8, 2009, 3:00 pm
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> My employer (about 5000 employees) hired ADP to verify
> eligibility of dependents for insurance. It looks like it's
> mostly spouses that they're concerned with. To do this, they
> are demanding that we send in a copy of our current (in some
> cases past years, for several years) tax returns.
>
> Is this even a legitimate use of tax returns? I thought this
> information was confidential for some reason. The idea of
> someone sifting through my personal information and finances to
> establish that my wife is really my wife seems (at best) like
> overkill to me.

Send them a copy of your marriage license.

Tax returns are priviledged or confidential to an extent. But I
don't know if that would apply in this situation. However I am
unaware of any legitimate reason they would need to see your tax
return.

--
Stu
http://downtoearthlawyer.com

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Steve Pope on September 8, 2009, 3:13 pm
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>> My employer (about 5000 employees) hired ADP to verify
>> eligibility of dependents for insurance. It looks like it's
>> mostly spouses that they're concerned with. To do this, they
>> are demanding that we send in a copy of our current (in some
>> cases past years, for several years) tax returns.

>> Is this even a legitimate use of tax returns? I thought this
>> information was confidential for some reason. The idea of
>> someone sifting through my personal information and finances to
>> establish that my wife is really my wife seems (at best) like
>> overkill to me.

>Send them a copy of your marriage license.

>Tax returns are priviledged or confidential to an extent. But I
>don't know if that would apply in this situation. However I am
>unaware of any legitimate reason they would need to see your tax
>return.

Perhaps this is a backdoor way of trying to learn
if the spouse has an employer, and therefore possibly has
insurance.

Steve

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Mark Bole on September 8, 2009, 7:38 pm
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Steve Pope wrote:

>>> Is this even a legitimate use of tax returns?

Not really, but if they ask for it and you provide it, then you've given
up any privacy in that regard.


>
>> Send them a copy of your marriage license.

They want that, too. Funny thing, even divorced people can produce a
marriage certificate, having one doesn't prove it's currently in effect.


>> Tax returns are priviledged or confidential to an extent. But I
>> don't know if that would apply in this situation. However I am
>> unaware of any legitimate reason they would need to see your tax
>> return.
>
> Perhaps this is a backdoor way of trying to learn
> if the spouse has an employer, and therefore possibly has
> insurance.

No, because nowhere on the front of the return would it indicate which
spouse had which sources of income, and the income numbers will be
blacked out anyway.

I too have seen this request, other employee benefit TPA's (3rd party
administrators) are asking for the same things. It's patently ridiculous.

First of all, it's quite possible one hasn't filed 2008 yet, so they do
allow for a prior year return -- yet neither 2007 nor 2008 have
*anything* to do with whether a spouse or dependent is an eligible
insured in 2009 and going forward. And perhaps the insured is
delinquent with filing for several years -- is being current on taxes
now suddenly a requirement for employer-sponsored insurance? (well,
that actually makes some sense, given all the tax breaks involved).

Second, there is no way to my knowledge to verify that what is turned in
was actually filed, and not just a made-up-and-filled-in PDF file,
especially since they don't want income, SSN's, or signatures -- just
the 1040 page 1 header.

-Mark Bole

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Gene E. Utterback, EA, RFC, AB on September 10, 2009, 6:52 pm
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>
>> My employer (about 5000 employees) hired ADP to verify
>> eligibility of dependents for insurance. It looks like it's
>> mostly spouses that they're concerned with. To do this, they
>> are demanding that we send in a copy of our current (in some
>> cases past years, for several years) tax returns.
>>
>> Is this even a legitimate use of tax returns? I thought this
>> information was confidential for some reason. The idea of
>> someone sifting through my personal information and finances to
>> establish that my wife is really my wife seems (at best) like
>> overkill to me.
>
> Send them a copy of your marriage license.
>
> Tax returns are priviledged or confidential to an extent. But I
> don't know if that would apply in this situation. However I am
> unaware of any legitimate reason they would need to see your tax
> return.
>
> --
> Stu
> http://downtoearthlawyer.com

I'm starting to get questions like this from clients too. I actually called
one employer and asked about it and they said "the marriage only shows that
your married NOT that the spouse, or anyone else, is your DEPENDENT. The
insurance we offer is for DEPENDENTS."

I didn't like this but there was nothing I could do about it. I fear the
employer has the right to ask and the employee has the right to refuse, but
refusal may result in no insurance.

I even offered to write a letter for my client stating that the returns were
filed as married joint and that the three children in question were actually
claimed as dependents - NO DICE!

Gene E. Utterback, EA, RFC, ABA

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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