Download Official Form 3853 (PDF)
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California is one of the few states that still requires residents to carry qualifying health insurance or pay a penalty when filing their state income tax return. Form 3853, issued by the California Franchise Tax Board (FTB), is the document used to calculate that penalty or to claim an exemption from it. If you or anyone in your household went without health coverage for part or all of the tax year, this form is how the state figures out whether you owe anything — or whether you qualify to skip the penalty entirely.
What Form 3853 Actually Does
Form 3853 serves two separate purposes on the same page. First, it lets you report and calculate exemptions from California’s Individual Shared Responsibility penalty — things like short coverage gaps, low income, membership in a health care sharing ministry, or hardship situations. Second, if no exemption applies, it walks you through calculating the penalty amount itself, which is based on household size and income and gets added to your state tax bill.
The instructions packet tied to the form (the one FTB updates every filing season, with the current version available directly from the agency) breaks down each exemption code, explains the worksheets step by step, and includes the penalty calculation tables you need depending on your filing status and number of dependents.
Who Needs to File This Form
You’ll need Form 3853 if any of the following applied to you during the tax year:
- You, your spouse, or a dependent didn’t have minimum essential health coverage for one or more months.
- You’re claiming a coverage exemption instead of paying the penalty.
- You received a Marketplace Coverage Affordability determination and need to document it.
- You’re calculating the actual penalty amount because no exemption applies to your situation.
If everyone in your household had qualifying coverage the entire year, you generally don’t need to attach this form at all — the standard health coverage question on your Form 540 will suffice.
Common Exemptions Covered
The form recognizes several exemption categories, including short gaps in coverage (under three consecutive months), income below the state’s filing threshold, coverage that would exceed a certain percentage of household income, membership in a recognized religious sect, incarceration, and general hardship exemptions granted through Covered California. Each exemption has its own code, and the instructions specify exactly which supporting documentation or worksheet applies to each one.
How the Penalty Is Calculated
If no exemption applies, the penalty is calculated using either a flat dollar amount per uninsured household member or a percentage of household income, whichever is higher — similar in structure to the old federal individual mandate penalty before it was repealed at the federal level. The worksheets in the instructions guide you through both calculation methods so you pay whichever amount the law requires, capped at a statewide average premium cost.
Filing Tips
Form 3853 is a fillable PDF, so you can complete it digitally before printing or attaching it to an e-filed return through your tax software. Make sure the months of coverage or exemption you report match what’s shown on any 1095 forms you received from your insurer or employer, since discrepancies are one of the more common reasons the FTB sends follow-up notices. If you’re also dealing with other California-specific tax situations — retirement income, for instance — it’s worth reviewing resources like the FTB Publication 1005 guidelines on pension and annuity income, since exemption calculations often intersect with how your total household income is reported.
Because the FTB revises the instructions and penalty tables annually, always pull the current-year version directly from the agency rather than reusing an old copy, since dollar thresholds and exemption codes can shift from one tax year to the next.
Download Official Form 3853 (PDF)
Opens the official government PDF in a new tab