Legal Alert: Do Employers Need to Report the Amounts that They Pay for Employees' Health Insurance?


The Patient Protection and Affordable Care Act of 2010 (the "Act") added Section 6051(a)(14) to the Internal Revenue Code of 1954 (the "Code") requiring that the aggregate cost incurred by an employer for employer-sponsored health coverage provided to an employee be reported on the employee's Form W-2, for informational purposes, effective for taxable years beginning after December 31, 2010 (i.e., 2011 Forms W-2 to be filed in early 2012).

For this purpose, the Act also provides that the reportable cost should be determined in a manner similar to the determination of an "applicable premium," under Section 4980B(f)(4) of the Code, for purposes of COBRA continuation coverage.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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