IRS Issues Pay Or Play Enforcement Guidance

Matt Pfeiffenberger Health Benefits, Large Group Benefits (100+), News

On Nov. 2, 2017, the Internal Revenue Service (IRS) updated its Questions and Answers (Q&As) on the employer shared responsibility rules under the Affordable Care Act (ACA) to include information on enforcement. Specifically, these Q&As include guidance on:

  • How an employer will know that it owes an employer shared responsibility penalty;
  • Appealing a penalty assessment; and
  • Procedures for paying any penalties owed.

The IRS also maintains a website on understanding Letter 226-J, as well as a sample letter, which will be used to inform employers of their potential penalty liability.

Action Steps –┬áNo penalties have been assessed under the employer shared responsibility rules at this time. However, employers subject to these rules are still responsible for compliance. These Q&As indicate that, for the 2015 calendar year, the IRS plans to issue letters informing employers of their potential liability for an employer shared responsibility penalty, if any, in late 2017.

Contact Matt Pfeiffenberger, VP, Health Benefits Solutions, with any questions.

 

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