IRS Releases Draft of ACA Employer Mandate Compliance Forms

Date: July 25, 2014

Final drafts and detailed instructions for the forms are expected to be released in the coming months.

On Thursday, the IRS released drafts of the forms that businesses will be required to complete as part of the implementation of the Affordable Care Act’s employer mandate. Final drafts and detailed instructions for the forms are expected to be released in the coming months. Businesses with 100 or more employees must begin offering health insurance to at least 70 percent of their fulltime employees, or choose to pay a fine, at the beginning of 2015. Businesses with 50 to 99 employees have until 2016 to comply with the ACA’s mandated coverage requirements, but they still must verify with the IRS that employees are complying with the individual mandate in 2015. NFIB’s Kevin Kuhlman says that the key for all businesses with 50 or more employees is to track hours carefully next year for the retrospective reporting due to the IRS in 2016.

However, as of this week, there were still reports suggesting that the President might delay the mandate for a third time, or extend the time allowed before full compliance is required. Some Democrats and liberal supporters of the President continue to be concerned about the political fallout from the mandate and are urging the Administration to consider delaying its implementation.

On Wednesday, Sen. Mark Warner sent a letter to Treasury Secretary Jack Lew urging to him consider easing the employer mandate’s burden on smaller businesses that might not be prepared for the volume of paperwork they will encounter as they navigate the ACA’s regulations. Warner suggested that the Administration be open to one more year-long extension.

Earlier this month, Natalie Tennant, the Democratic candidate in the West Virginia Senate race, said, “Washington should be having a serious conversation about getting rid of the so-called employer mandate. The facts show it doesn’t do much good for the workers who need it most, or help many people get insurance.” In May, the liberal Urban Institute released a report titled, “Why Not Just Eliminate the Employer Mandate?”

At the same, House Republicans are moving ahead with a lawsuit over President Obama’s decision to delay the mandate unilaterally.

Further Reading:

Politico, the AP, the Washington Times, Reuters and The Hill all have updates on the politics of the employer mandate.

This news article is intended to keep small business owners apprised of current events that may affect them. It does not necessarily reflect NFIB’s policy position on such issues.

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