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IRS Increases ACA Employer Penalties, Affecting Large Employers

WHAT'S THE STORY?

What's Happening?

The Internal Revenue Service has announced adjustments to the penalties for employer shared responsibility under the Affordable Care Act. Effective for taxable years and plan years beginning after December 31, 2025, the penalties will increase to $3,340 per full-time employee under Code Section 4980H(a) and $5,010 under Section 4980H(b) for employees receiving subsidized coverage through an exchange. These adjustments represent a $440 and $660 increase, respectively, from 2025. The changes impact applicable large employers who fail to offer minimum essential coverage to 85% of full-time employees or offer coverage that is not affordable.
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Why It's Important?

The increase in penalties underscores the IRS's commitment to enforcing the Affordable Care Act's provisions, which aim to ensure that large employers provide adequate health coverage to their employees. This adjustment may lead to increased compliance costs for businesses, particularly those struggling to meet the ACA requirements. Employers may need to reassess their health coverage offerings to avoid these penalties, potentially affecting their financial planning and employee benefits strategies.

What's Next?

Large employers will need to review their health coverage plans to ensure compliance with the updated penalty structure. The IRS's adjustments may prompt businesses to seek guidance on optimizing their health benefits to minimize financial liabilities. Additionally, the changes could lead to increased scrutiny of employer health coverage practices, potentially influencing future policy discussions on healthcare reform.

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