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Timely Response to ACA Alleged Employer Violation Notices Required

January 14, 2019 • April Mabry

aca affordable care act

Becky Bunte’s recent post on the TASBO Open Forum explains the importance of timely response to last month’s Internal Revenue Service (IRS) notices regarding alleged violations of the Affordable Care Act’s (ACA) employer mandates.

Employers must respond by January 17, 2018. Below is the text of Bunte’s TASBO Connect post. You can find more information on the SHRM website.

The Federal government may currently be shut down, but the IRS sent new notices to many Texas school districts right before the Christmas holiday with notices of very large fines for alleged violations of the ACA. The notices involve reporting ACA compliance for calendar year 2016, that were filed in the spring of 2017. The fines referenced in the notices range from many thousands of dollars to many millions of dollars, depending on the number of employees in the district and the type of reporting issues that led to the notice.

Please be sure to consult an attorney or a tax professional before responding to your notice. And please be sure to respond to the notice. Even though the notice references issues that occurred almost three years ago, you must provide a response if you received the notice. The response deadline is very soon. Also, please don't assume you owe some amount of money. Be sure to verify the data that is referenced. You may very well be able to respond in a way that reduces most or all of your fine. Several districts have been successful in having their fines completely removed. Even if you have already responded, but you aren't sure about your response, it isn't too late to ask questions from someone who might know the answers. Unfortunately, the department that handles these issues is one of the sections of the IRS that is shutdown, but please consider checking with a legal or tax professional before responding to the letter.

Tagged: ACA, "Affordable Care Act"