Posted on 07/04/2015 9:18:19 AM PDT by afraidfortherepublic
Employers who reimburse their workers for health care costs will face massive tax penalties beginning Wednesday.
Prior to the passage of the Affordable Care Act, with its mandate that all Americans purchase insurance and requirement for businesses to offer employees insurance plans, many small companies provided coverage by directly reimbursing medical costs or for the cost of private insurance plans. Businesses do it because thats a less complicated process than dealing with an official health insurance plan, but continuing to do so after July 1 could cost them hundreds of dollars in fines each day.
Business groups are calling attention to what they say is an obscure part of Obamacare that could crush small businesses who are unaware of it.
Its the biggest penalty that no one is talking about, said Kevin Kuhlman, policy director for the National Federation of Independent Businesses, on Tuesday.
The penalties will only affect businesses with less than 50 employees. Those with more than 50 employees are already required to offer a health insurance plan.
The new rule is the result of an Internal Revenue Service interpretation of part of the ACA. It seems intended to force employers to offer a group health insurance plan (or leave their employees to fend for themselves on the health insurance exchanges).
The IRS says those reimbursements technically known as employer payment plans are considered to be group health plans subject to the market reforms, including the prohibition on annual limits for essential health benefits and the requirement to provide certain preventive care without cost sharing.
The end result?
Such an arrangement fails to satisfy the market reforms and may be subject to a $100/day excise tax per applicable employee (which is $36,500 per year, per employee) under section 4980D of the Internal Revenue Code, according to the taxmen.
Business groups say the punishment doesnt fit the crime.
Even though the total fine is capped at $500,000 per year, thats still miles ahead of the $2,000 fine that could be waiting for larger companies (those with more than 50 employees) that fail to comply with the individual mandate part of the ACA.
The NFIB says 14 percent of their members do not provide health insurance plans, but instead offer reimbursement.
The owner of a Minnesota-based company with 17 employees told NFIB the new rules would require health benefits to go through the payroll process. That means it is subject to taxes, which reduces employees benefits and increases the business costs.
Reimbursing employees for the cost of insurance or medical services is a way for small businesses to help their workers without the administrative headache of setting up a costly group plan, said Kuhlman. Most small employers dont have HR departments or benefits specialists, so this is a simpler, easier way to help their employees.
The prohibition on employer reimbursement was supposed to start last year, but the IRS postponed implementing it until July 1.
There has been bipartisan support in Congress for eliminating the harsh penalty on small businesses, but bills have not advanced.
This would be devastating to small businesses and impose hardships on their employees, said U.S. Sen. Chuck Grassley, R-Iowa, in January, referring to the potential $100-per-employee-per-day fine. Congress has to fix this problem.
IF YOU LIKE YOUR INSURANCE
: Businesses that offer reimbursement for health care costs could face massive IRS penalties beginning on Wednesday. Business groups say many small businesses might be unaware of the risk.
This isn’t just a Wisconsin regulation; it affects employeers and employees nationwide. It was instituted without a vote from Congress.
FReep Mail me if you want on, or off, this Wisconsin interest ping list.
The EXEMPT Congress made each CongressThief their
own small business.
Want to make a bet that THEY are EXEMPT on this, too.
ObamaCARE has made Americans into two classes.
One to be financially and medically raped, and the
other to profit by the same.
Ah, more small business destruction.
Just as Hussein and the Demon Rat party planned.
Clowninblackfacecare
I may be wrong, but didn’t Congresspeople arrange to subsidize their congressional staffers when they were moved to ObamaCare?
Good Point!
This is what needs to be done on a massive scale.
I'm shaking in my Harley Davidson boots, with my glock strapped to my waist....
RRRIIIIGGGHHHTTTT.....
So according to the IRS mandate being self-emplyed I cannot pay for my own health insurance without incurring a $100 a day fine to me because me my company is paying for my health insurance. That is how convoluted this whole mess is.
Punishment and threatening are things obama loves doing to AMERICANS.
The day is coming when everyone will either be an independent contractor or will basically be a slave to a massive corporation.
I have a friend who wants to get off his employer’s medical plan because he can actually get his own policy that has better terms. I don’t think Federal law would even allow such a thing.
Does this affect companies who, while they also provide the health insurance, they cover deductibles? I know of a man whose deductibles are about $10K. The company reimburses them or arranges barters.
Check out Article and Comments.
Obama can now go full speed ahead jamming ObamaCare. People’s wallets are going to get much smaller.
It sounds like it.
Lucy, when we had our small business (40 to 50 employees. We paid 2/3`s of their insurance premiums. It was a good benefit that helped us keep our great employees.
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