ACA for Small Employers (Less than 50)

The IRS has just published helpful guidance reminding small businesses that most employers with fewer than 50 full-time employees or full-time equivalent employees, on average during the prior year, are not subject to the Affordable Care Act’s (ACA’s) employer shared responsibility provision, since they are not ALEs for the current calendar year. This means that, not only are such employers not subject to the ACA’s employer shared responsibility provisions, they are also not subject to the employer information reporting provisions for the current year.

All employers, regardless of size, that provide self-insured health coverage must file an annual information return reporting certain information for individuals that they do cover, however. The first returns are due to be filed in 2016 for coverage provided during 2015.

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The IRS states that calculating the number of employees is especially important for employers that have close to 50 employees or whose workforce fluctuates throughout the year. To determine its workforce size for a year an employer adds its total number of full-time employees for each month of the prior calendar year to the total number of full-time equivalent employees for each calendar month of the prior calendar year, and divides that total number by 12.