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For example, if an employer offers a health plan to its 300 full-time employees that does not meet the minimum value standard and 12 of those employees purchase coverage on the Marketplace with premium tax credits, the employer’s penalty for 2016 would be $38,880 (12 full-time employees x $3,240).
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If the employer fails to respond to Letter 5699 or to take action to address any filing issues, the result is a penalty assessment issued in Letter 5005-A/Form 886-A. The penalties for failing to file and furnish are indexed each tax year. For the 2018 tax year, penalties for failing to file and furnish can be as much as $540 per return.
If you’re an employer, here’s what you need to know about complying with the Affordable Care Act (ACA; popularly known as Obamacare). The Tax Cuts and Jobs Act, passed in December 2017, did not repeal the ACA – only the individual mandate, starting in 2019. Although court challenges to the ACA continue, the ACA employer mandate remains in effect.
How the penalty is calculated. The "Obamacare penalty" is pro-rated for the number of months you’re without coverage. It’s one-twelfth of the annual penalty amount for each month you don’t have coverage – and "having coverage" means being insured for at least one day of the month in question.
Generally, the employer shared responsibility provisions apply to an employer with employees (U.S. citizens or non-citizens) working abroad only if the employer has at least 50 full-time employees (including full-time equivalent employees), determined by taking into account only work performed in the United States.
Although the average penalties are in the hundreds of dollars, the ACA’s individual mandate penalty is a progressive tax: if a family earning $500,000 decided not to join the rest of us in the insurance pool, they would have owed a penalty of more than $16,000 for 2018.
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If you don’t have coverage during 2019, the fee no longer applies. You don’t need an exemption in order to avoid the penalty. If you’re 30 or older and want a "Catastrophic" health plan, you may want to apply for an exemption. See details about exemptions and catastrophic coverage. How to calculate the fee for each plan year