Employers Can Expect ACA Tax Penalty Rules After Election, Fowler Says

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Treasury and IRS later this fall will publish regulations to implement excise tax penalties that could be assessed on certain employers under the Affordable Care Act, a White House adviser says. Elizabeth J. Fowler, special assistant to the president for health care and economic policy at the National Economic Council, says the rules would not be ready for publication until after the November elections. Fowler says the regulations will address three questions of concern to employers that are subject to potential excise tax penalties under tax code Section 4980H, which was added by ACA. The key questions are who is a full-time worker, what is affordable coverage, and how does an employer determine whether its health plan satisfies ACA's minimum-value standard, Fowler says at a conference sponsored by the American Bar Association's Joint Committee on Employee Benefits.

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