Employer Shared Responsibility Penalty Assessment Toolkit

Published on

The Patient Protection and Affordable Care Act requires applicable large employers (“ALEs”) to offer affordable, minimum value coverage to substantially all full-time employees, or to pay penalties. The IRS has begun assessing penalties, referred to as Employer Shared Responsibility Payments (“ESRPs”), on ALEs that failed to offer coverage in accordance with the ESR mandate in 2015. To assist employers in understanding the process associated with receiving a ESRP letter (via Letter 226J) and the possible courses of action that they may take, we have developed an Employer Shared Responsibility Payment Toolkit. The toolkit consists of an article, employer FAQs, a flowchart that provides fundamental information needed to understand and respond to an ESRP letter, as well as, matrices to assist employers in understanding the codes and the transitional relief that was available in 2015 Form 1095-C filings – all of which is essential for employers to evaluate and properly respond to a penalty assessment letter from the IRS.