Posts tagged Employer Shared Responsibility Payments.
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IRS Memo Concludes There Is No Statute of Limitations for ACA Employer Mandate Penalties Under Internal Revenue Code § 4980H
Categories: Financial Services
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The IRS Office of Chief Counsel recently issued a memo which, in a surprise to many, concluded that the filing of the Affordable Care Act (“ACA”) Forms 1094-C and 1095-C (“C Forms”) does not start the statute of limitations on the Employer Shared Responsibility Payments (“ESRP”) under Internal Revenue Code (“Code”) § 4980H and, in fact, that there is no statute of limitations with respect to ESRP assessments.

In short, the ESRP is a penalty that may be assessed against “applicable large employers” (“ALEs”)[1] when, in certain circumstances, a full-time ...

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