Employer Shared Responsibility Penalty: What's Next?

Q: Your company has a lot of part-time and variable hour employees. With the employer shared responsibility penalty eliminated under the proposed American Health Care Act (AHCA), will you:

1) no longer face a penalty for failing to offer coverage and do you need to continue measuring hours under the look-back measurement period?
2) still need to e-file your 1095-C’s by the end of March? 

A: Yes. You, along with all employers, should continue with business as usual. If and until the final bill is passed, we don’t know whether the employer mandate will continue as is, continue in a different form, or be eliminated altogether. Until then, employers should continue with business as usual and e-File by the IRS deadline of March 31, 2017. 

The AHCA is not final; there is no way to predict what it will look like when if passedReporting will be necessary because, if the AHCA or similar legislation passes, certain individuals will be eligible for tax credits for purchasing coverage in the individual market. 




BenefitScape's sole focus is on ACA Reporting. As the e-Filing deadline of March 31st is approaching, we are able to support any employer with their ACA e-Filing for Tax Year 2016. For more information, reach out to Kim Phillips at kim.phillips@benefitscape.com or call us directly at (508) 655-3307.




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Federal ACA Compliance and Reporting and State Mandate e-filing is very complex. We have found that a short phone call is often the best way to see what we can do for you and your company.

Please fill out the form to the right and submit. If you have a specific concern let us know. We will come back to you via email with a few times for a call to discuss your situation.





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