Section 4980h Of The Internal Revenue Code
Shared responsibility for employers regarding health coverage.
Section 4980h of the internal revenue code. Section 10108 of the act enacted former section 139d of this title and section 18101 of title 42 amended sections 36b 162 4980h 6056 and 6724 of this title and section 218b of title 29 labor and enacted provisions set out as notes under sections 36b 162 4980h and 6056 of this title and former section 139d of this title. 4980h c 2 c ii employers not in existence in preceding year. The affordable care act includes the employer shared responsibility provisions under section 4980h of the internal revenue code irc which assesses a tax penalty to applicable large employers ales who fail to offer affordable and minimum value coverage to 95 of its full time employees.
Referred to by employers and commentators as a penalty and even by the irs in certain publications the assessable payment under section 4980h is an employer shared responsibility payment or esrp. In 4980h of the internal revenue code code. Irc section 4980h c 2 shared responsibility for employers regarding health coverage a large employers not offering health coverage.
If 1 any applicable large employer fails to offer to its full time employees and their dependents the opportunity to enroll in minimum essential coverage under an eligible employer sponsored plan as defined in section 5000a f 2 for any month and 2 at least one full time employee of the applicable large employer has been certified to the employer. 4980h c 2 c i application of aggregation rule for employers all persons treated as a single employer under subsection b c m or o of section 414 of the internal revenue code of 1986 shall be treated as 1 employer. This change may occur because the employee transfers within the same applicable large employer or within the same applicable large employer member ale member from a position to.
Subtitle d miscellaneous excise taxes. This excise tax cannot be waived by the irs and its payment by an employer is not deductible. A large employers not offering health coverage.
Employee for purposes of 4980h of the internal revenue code code in situations in which the measurement period applicable to an employee changes. Title 26 internal revenue code. Source creditreferences in textamendmentseffective date.
Under 4980h an applicable large employer that does not meet those standards may be liable for an. From title 26 internal revenue codesubtitle d miscellaneous excise taxeschapter 43 qualified pension etc plans. Those provisions which apply for months beginning after december 31 2013 refer to certain standards relating to the offering of health coverage by employers to their full time employees.