Posted on 01/04/2016 6:17:24 AM PST by UMCRevMom@aol.com
On January 1 the employer mandate went into effect for businesses with 50-99 workers. One of the worst of Obamacare's ill-conceived provisions went quietly into effect on January 1.
The employer mandate, previously inflicted only on businesses with 100 or more employees, will now be imposed on those with as few as 50. This mandate will prevent countless small employers from hiring workers they would otherwise have hired and incentivize many others to replace full-time employees with part-timers. It is such an obvious job killer that the Obama administration delayed enforcement until after the 2014 midterms, the liberal Urban Institute has called for its repeal, and it has even been obliquely criticized by Hillary Clinton.
The employer mandate requires all businesses with 50 or more full-time employees to provide health coverage to at least 95 percent of these employees as well as any dependents they may have under age 26 — or pay crippling fines. But not all small employers can afford to offer insurance. Those which lack the resources to do so will avoid the mandate by assuring that the number of full-time workers they employ remains below 50. And, because Obamacare has arbitrarily redefined "full-time" to mean 30 or more hours per week, the employer mandate effectively caps both the number of workers many businesses can hire and how many hours they will work.
(Excerpt) Read more at spectator.org ...
Your suggestion has been looked at but unique among lawyers there is little dis agreement that IRS would, at the end of the day, prevail in a fight if he were to pursue such a course of action.
The government would claim “same beneficiary” and “sham transaction” and same “altar ego” running the two companies. And, they would claim that his two companies were nothing more than a “device” to circumvent Obamacare.
In his case, he runs on about a 2-3% NOI and simply cannot afford to risk all taking on the IRS and the Federal Government as it is currently constituted.
I have a relative who is (and always has been) a lib Dem voter. She is now caught in this trap. She can only get 19.5 hours of work a week since that is the cutoff for paying health insurance and other benefits in her state job. She now has to scramble for 2 part time jobs and she will get no health insurance from either (nor any other benefits such as vacation pay, paid sick leave, etc.). She is mad as hell ... but not at Obama/Dems. She still supports them. She says those rules were put in place by Republicans. I cannot explain it to her otherwise ... she will not listen.
Even if the two companies were incorporated in different states, like Delaware and Nevada?......................
Tell her that the Obamacare law passed WITHOUT A SINGLE Republican vote in either House or Senate. Not only that, there was NO DEBATE WAS ALLOWED and the Republicans were not allowed to even PROPOSE ANY AMENDMENTS, plus the laws was 'deemed to have passed' by DEM SPEAKER NANCY PELOSI, contrary to all House rules. THE DEMS wrote it AND OWN IT.............................
I have told her that. She will not listen. She says that Republicans required those rules be put in place as a pre-requisite for signing the bill, and then would not sign it anyway. She is impossible to reason with! She’ll be voting for Hillary.
I mean voting for the bill, not signing it.
“Why didn’t the GOP bring this up during the last congressional session?”
It should be quite obvious by now, they are in on it, part
of it and in sometimes like the IRS Lois Lerner case they
benefit from it. There is no GOP, it’s a ruse.
I used to have more than 50 employees, but now I have zero. Thanks to Obama, my former employees are now guaranteed . . . less than they had before. At least they get “free” birth control, for their $6,000 increase in insurance costs and their tripling (or more) of their deductibles.
“I have a relative who is (and always has been) a lib Dem voter.”
And you still acknowledge her existence? When the chips are
down and your life ever depends on a liberal be assured that
that liberal will cut your throat.
Yes, I know. But you cannot choose your family.
My family is about evenly split between liberal and conservative. Family holidays are therefore loads of fun, especially this year.
I get so upset at all the lies they believe and insist on telling. Usually I leave early on some pretext or other.
Ask her for proof of what she says.........................
No, don’t tell him to do that. Good chance he’ll eventually get busted, be declared a joint employer, and the taxes and penalties will wipe him out.
In a deposition:
IRS: Mr. T, with respect to your Texas Company A, and this Delaware Company B, please explain in great detail your involvement with each company and take as much time as you need. We have all day and remember you are UNDER OATH and your SWORN testimony is being video taped.
Meanwhile, the IRS attorneys elbow is resting on a file full of emails, cell phone records of texts and phone calls, legal filings, private investigation reports, employee depositions, credit card records, bank records, photos etc etc.
There is yet another devastating effect Obamacare is having on small businesses that gets no attention. Many businesses count on tax refund season to fund their year the same way department stores count on the Christmas season. With tax refunds people get new furniture, or a new mattress, get their teeth fixed, or buy modest home improvements. Since the Obamacre penalties are now kicking in, there are fewer and smaller tax refunds, and those businesses that count on them are failing.
I have in the past, but trust me, it’s not worth the trouble. This particular one loves to whine and complain anyway and NOTHING is ever her fault. Did I mention she is a State employee?
You can sort of reason with the others.
The feds will start cracking down on the “49 & 29” loophole, along with the multiple company dispersion tactics. Most likely, the feds and IRS will make these tactics a criminal offense.
If you really want to get under her skin someday, tell her government employees don’t pay taxes..................
Why the fuss? If govt can mandate what an employer MUST pay the lowest of workers, regardless of output/quality, or employers get a deduction for ‘providing’ benefits (3rd-party payer) that the employee cannot, or...
IMO, we are FAR too long down the Socialist road (100+ yrs) to recover our Republic. No elected official bases ANYTHING upon the Constitution (State or otherwise).
But, but....I had another ‘FRiend’, on another thread, say it’s all ‘scaring the children’ and completely Constitutional!?
Ah, and the ‘mandate’....So ‘compatible’ to a nation of Free men, steeped in Liberty and self-reliance.
Every entity that has common controlling interest in any number of entities is considered as an aggregate of the entities they control. No matter how you slice and dice the companies they have common ownership and are considered as one for almost all legal purposes including health care head count I believe.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.