Neither a Trump administration executive order nor any part of the Affordable Care Act waive the act’s employer shared responsibility payment provision, the Internal Revenue Service said in a pair of information letters.
Responding to two inquiries, the IRS in INFO 2017-0010 and INFO 2017-0013 said the Jan. 20, 2017, executive order directed federal agencies to reduce potential burdens imposed by the ACA where permitted but didn’t change the law.
President Donald Trump’s Executive Order said federal agencies should exercise all their available authority and discretion to waive or delay implementing any ACA provision that poses a financial or regulatory burden.
But the ACA’s legislative provisions remain in force until changed by Congress, and taxpayers still must follow the law and pay what they may owe, the IRS said.
Under the ACA, applicable large employers, those with at least 50 full-time employees or full-time equivalents, must offer minimum essential coverage that meets minimum value requirements.
Employers may be subject to the shared responsibility payments if a full-time employee receives a premium tax credit because the employer either failed to offer MEC or to offer coverage that’s affordable or meets the minimum value requirements.
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