Employer Shared Responsibility Penalties

To avoid possible penalties, applicable large employers (ALEs) must offer affordable/minimum value health benefits to at least 95% of full-time employees and their dependents. A penalty is triggered only if one or more employees purchase coverage in the exchange and qualify for a subsidy. There are two possible penalties, the Code §4980H(a) and the Code §4980H(b) penalty. This matrix illustrates indexed penalty amounts based on all 12 months, but penalties are assessed individually per month.

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