Posts Tagged: Shared Responsibility

Employer Penalty Guidance

in Affordable Care Act

Late Friday afternoon, the IRS released proposed regulations on the calculation and determination of the employer penalty provisions of the Affordable Care Act. In general, these provisions impose a monetary penalty on certain employers who do not provide a minimum level of health coverage to their full-time employees. The proposed regulations are lengthy, but include a number of interesting surprises, including the following: – The employer penalty provisions require coverage for both full-time employees and their dependents (children up to age 26, but not spouses). – All employers in a controlled group are aggregated together to determine whether an employer… Continue Reading

ABA Section of Tax Meeting

in Affordable Care Act

I recently spoke at the ABA Section of Tax meeting in San Diego this past weekend.  Besides having beautiful weather, we had some great conversations regarding the final SBC regulations, the employer penalty under 4980H, Form W-2s and the changes in the San Francisco health coverage law.  I want to thank all the governmental speakers that attended, and we certainly appreciate your informal comments regarding these new rules.  Our next meeting is in May in DC, which is traditionally our best attended meeting from both the practitioner and the government side.

Additional Auto Enroll and Employer Penalty Guidance

in Affordable Care Act

This morning the IRS issued Notice 2012-17.  The Notice provides information on questions from employers regarding the provisions of the Affordable Care Act governing automatic enrollment, the employer penalty, and the 90-day limitation on waiting periods. The Notice also outlines various approaches that the agencies are considering proposing in future regulations or other guidance.  Our team will be preparing and analysis of the Notice for distribution next week. The Notice can be found at the following link: