News & Analysis as of

Applicable Large Employers (ALE)

Woodruff Sawyer

​​​​​IRS Issues Affordability Percentage Adjustment for 2025

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The Internal Revenue Service (IRS) has released Rev. Proc. 2024-35, which contains the inflation adjusted amounts for 2025 used to determine whether employer-sponsored coverage is “affordable” for purposes of the Affordable...more

Dickinson Wright

The Top Affordable Care Act Reporting Mistakes We Continue to See in 2024

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Nearly once a week, I receive a frantic call or email from a current or potential client who has received a proposed or final assessment from the IRS related to Affordable Care Act (“ACA”) reporting. So-called “Applicable...more

Woodruff Sawyer

Compliance Alert: IRS Issues Affordability Percentage Adjustment for 2024

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The Internal Revenue Service (IRS) has released Rev. Proc. 2023-29, which contains the inflation adjusted amounts for 2024 used to determine whether employer-sponsored coverage is “affordable” for purposes of the Affordable...more

Woodruff Sawyer

Compliance Alert: Most Employers Are Required to File Electronic Information Returns Beginning in 2024

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On February 21, 2023, the IRS released Final Rules amending the existing requirements related to mandatory e-filing of information returns, including Forms 1094-C and 1095-C, among others. The final rules are effective for...more

Woodruff Sawyer

Compliance Alert: IRS Releases Final Rules Extending Deadline to Furnish ACA Reporting Forms

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On December 12, 2022, the IRS released a Final Rule providing for, among other things, an automatic 30-day extension of time for applicable large employers (“ALEs”) to furnish annual Form 1095-C to individuals for calendar...more

Fisher Phillips

5 Most Important Steps for Employers Doing Their 2023 ACA Compliance Planning

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Applicable large employers must adhere to many Affordable Care Act (ACA) rules to remain compliant regarding group health plan offerings. We offer the following checklist of the five most helpful reminders you should take...more

Seyfarth Shaw LLP

Employers May Have to Pay More in 2023 as Affordability Threshold Hits New Low

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Seyfarth Synopsis: The IRS has announced adjustments decreasing the affordability threshold for plan years beginning in 2023, which may cause employers to have to pay more for ACA compliant coverage in 2023....more

Woodruff Sawyer

Compliance Alert: IRS Issues Affordability Percentage Adjustment for 2023

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The Internal Revenue Service (IRS) has released Rev. Proc. 2022-34, which contains the inflation- adjusted amounts for 2023 that are used to determine whether employer-sponsored coverage is “affordable” for purposes of the...more

Seyfarth Shaw LLP

Employers May Have to Pay More in 2022 Under New ACA Limits

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Seyfarth Synopsis: The IRS has announced adjustments decreasing the affordability threshold and increasing employer shared responsibility payments for plan years beginning in 2022....more

Seyfarth Shaw LLP

Finally, Final Instructions: Due Date for Furnishing Form 1095-C Extended

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Seyfarth Synopsis: The IRS has released final instructions for completing Forms 1094-C and 1095-C for 2021. Notably the instructions provide that the due date for furnishing Form 1095-C to individuals is extended to March 2,...more

Fisher Phillips

IRS Releases Final Forms for Next Round of ACA Reporting

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The Internal Revenue Service recently released final 2021 forms for Affordable Care Act (ACA) reporting under relevant Internal Revenue Code sections – and while not much is changing in terms of information you’ll need to...more

Nelson Mullins Riley & Scarborough LLP

Affordable Care Act Deadlines Extended for 2020 Notices

Similar to last year, in Notice 2020-76, the Internal Revenue Service (the “IRS”) has extended the deadlines for delivery (but not filing) of the 2020 Forms 1094 and 1095 required by the Affordable Care Act (the “ACA”)....more

Perkins Coie

Variable Hour Employee Benefits Eligibility under COVID-19

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Are Employees Receiving a Lavish Gift This Holiday Season or an Unintended Lump of Coal in Their Stockings? COVID-19 has forced many employers to make unanticipated changes to their workforce, with many retailers rolling...more

Nelson Mullins Riley & Scarborough LLP

Holiday Gift - ACA Deadline Extended for 2019 Notices

Similar to last year, the Internal Revenue Service has given employers a holiday gift – an extension of the deadlines for delivery (but not filing) of 2019 Forms 1094 and 1095....more

Dickinson Wright

What to Do if Your Company is Close to the Affordable Care Act's 50 Full-time Employee Threshold

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Having recently helped a client determine if it employed on average more than 50 employees per month in a calendar year and therefore was an applicable large employer (“ALE”) subject to the Affordable Care Act (“ACA”) in the...more

Dickinson Wright

IRS Beginning to Send Affordable Care Act Notices to Religious Organizations

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According to statements made by the acting director of exempt organizations at the IRS, churches and other religious organizations will soon start to receive questions from the IRS about potential liabilities under the...more

Burr & Forman

Section 4980H Employer Shared Responsibility Payments (ESRP): The New “IRS Employment Tax Penalty”?

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Many employers began to receive notices from the IRS in 2018 proposing the assessment of a payment against the employer for the tax years 2015 and 2016 under Section 4980H of the Internal Revenue Code. The issuance of these...more

Verrill

Form 1094 and Form 1095 Reporting for Expatriate Employees

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Every IRS Form 1094/1095 filing season (roughly January and February of each year), we receive questions on reporting for expatriate employees. The most common questions: do we need to furnish a Form to expat employees...more

Baker Donelson

Good News for Employers: ACA Affordability Percentages Will Increase for 2019

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The IRS just announced an increase in the maximum permitted employee contribution percentages in 2019 for the purpose of determining the affordability of an employer's health plan under the Affordable Care Act (ACA)....more

Fox Rothschild LLP

Employers Who Didn’t Play (In 2015): Be Prepared To Pay

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Applicable large employers (ALEs) with 50 or more fulltime employees who didn’t offer good enough, cheap enough coverage (i.e., minimum essential coverage that is minimum value and affordable) to enough of their full-time...more

Holland & Knight LLP

Key Considerations for Employers That Receive a Letter 226-J from the IRS

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The Internal Revenue Service (IRS) has started issuing the first wave of Letters 226-J informing applicable large employers (i.e., those employers with 50 or more full-time equivalent employees) that they may be liable for an...more

Balch & Bingham LLP

“Whoaaa, Nellie!” Before Submitting Form 14765 …

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Entering a football stadium many years ago, your nimble correspondent encountered unarmed security contractors wearing uniforms featuring the company logo – a big, red bull’s-eye – on the front of the baseball cap and on the...more

Saul Ewing LLP

Potential Year-End Surprise in Your Mailbox – A Letter from the IRS (updated)

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The Affordable Care Act or ACA (a/k/a “Obamacare”) is not dead, yet. Employers are starting to receive letters from the IRS notifying them that they owe assessable payments (“penalties”) under the employer shared...more

Balch & Bingham LLP

IRS Form 14764: Response to Proposed Assessment of 2015 Employer Mandate Tax

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On November 17, the IRS published the Form that Applicable Large Employers must use to respond to IRS letters regarding proposed assessment of 2015 employer mandate taxes. Form 14764 is a paper, mail-in “ESRP Response” that...more

Schwabe, Williamson & Wyatt PC

Beware: IRS To Begin Issuing ACA Employer Shared Responsibility Payment Penalty Notices

The IRS has announced its next steps regarding the Employer Shared Responsibility Payments (the “ESRPs”), which are the ACA penalties assessable to “Applicable Large Employers” for failing to provide affordable health care...more

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