Many of the news items I share on my blog come from the National Association of Tax Professionals’ regular e-newsletters or monthly magazine. They’re an amazing group of tax experts and I have found their education — especially at the annual National Conference — to be of excellent quality.
And now they are compiling their notices and articles into a blog, to make it easier to share with clients and colleagues. One gem I just came across was a short notice that the IRS has started reaching out to employers who may be responsible for a shared responsibility payment for their employees’ health insurance.
I recently had a client who was doing everything they could to not cross the 50-employee (or rather, full-time-employee-equivalent — FTE) mark, so as not to trigger the requirements of being an Applicable Large Employer (ALE). And it turns out that their benefit policy is such that they already contribute more than necessary to employee health insurance, and their benefits company has already made sure they were complying with the safe harbor rules.
So remember that being classified as an ALE is only an issue if you’re not pulling your weight as an employer, which many of our small business clients already are. If this is the case, don’t short-change your staffing policies out of fear that you might become an Applicable Large Employer… you have nothing to fear.
However — if you’re not sharing the financial burden of health insurance with your employees sufficiently, or are not meeting safe harbors and reporting requirements (which most benefits companies will handle for you), and you do have more than 50 FTEs… you may be getting a notice that needs a quick and thoughtful response.