Are all individuals living in the United States subject to the individual shared responsibility provisions?

All of the following are subject to the individual shared responsibility provisions:

• S. citizens living in the U.S.;
• Permanent residents;
• Foreign nationals who are in the U.S. long enough during a calendar year to qualify as resident aliens for tax purposes; and
• Nonresident aliens who meet certain presence requirements and elect to be treated as resident aliens.

The following are exempt from the individual shared responsibility provisions:

• Foreign nationals who live in the U.S. for a short enough period of time that they do not become resident aliens for federal income tax purposes even though they may have to file a U.S. income tax return. The IRS has more information available on when a foreign national becomes a resident alienfor federal income tax purposes;
• Nonresident aliens;

• Dual-status aliens in their first year of U.S. residency;
• Nonresident aliens or dual-status aliens who elect to file a joint return with a U.S. spouse;
• Individuals who file a Form 1040NR or Form 1040NR-EZ (including a dual-status tax return for their last year of U.S. residency);
• Individuals who are claimed as a personal exemption on a Form 1040NR or Form 1040NR-EZ;
• Individuals who are not lawfully present in the United States and not U.S. citizens or U.S. nationals.  An immigrant with Deferred Action for Childhood Arrivals (DACA) status is considered not lawfully present and therefore is eligible for the exemption.  An individual may qualify for the exemption even if he or she has a social security number (SSN).