Remain Alert and Stay Diligent: Employer Shared Responsibility Provision Enforcement to Go into Effect by Late 2017

With all the confusion and ambiguity surrounding the current state of the ACA provisions and enforcement, one thing that seems to have remained consistent is the enforcement of the Individual and Employer Mandates.

Earlier this week, the IRS made revisions to their Employer Shared Responsibility FAQ that leave little doubt that enforcement of the Employer Mandate will move forward.

What Does This Mean for Employers?

For the 2015 calendar year, the IRS plans to issue Letter 226J informing Applicable Large Employers (ALEs, with 50 full time employees, including full-time equivalents)  of their potential liability for an employer shared responsibility payment, if any, in late 2017.  ALEs can expect to receive a letter (226J) from the IRS informing them of their potential responsibility payment. The enforcement will begin with year 2015, which is the first year the Employer Mandate was put into effect.