What Does ALE Mean?
If an employer has at least 50 full-time employees, including full-time equivalent employees, on average during the prior year, the employer is an Applicable Large Employer (ALE) for the current calendar year and are required to provide medical insurance and submit ACA Reports annually to employees and the IRS to avoid penalties.
What are the ACA Deadlines?
The critical 2020 filing deadlines for 2019 coverage January 31st. Paper filing with the IRS is February 28 and Electronic filing with IRS is March 31st. As in the past, the IRS has extended the Jan. 31 deadlines by 30 days , in Notice 2019-63. Although the IRS has extended the Jan. 31 deadlines to furnish ACA reporting forms to employees by 30 days, employers may still decide to distribute 1095 forms to employees in January along with employees' W-2 earnings statements. "The IRS will not grant an additional 30-day extension beyond this deadline,". Although the IRS has extended the Jan. 31 deadlines to furnish ACA reporting forms to employees by 30 days, employers may still decide to distribute 1095 forms to employees in January along with employees' W-2 earnings statements. "The IRS will not grant an additional 30-day extension beyond this deadline." Reporting entities may, however, request individual extensions to file these forms with the IRS. Even with the automatic extension for distributing forms, "the IRS specifically encouraged employers and other coverage providers to send the forms to employees and individuals as soon as possible."
How Does ALE Reporting Work?
Determine ALE status for 2019 based on 2018 data. Identify full-time employees based on the ACA's definition of full time (averaging 30 hours of work or more per week during a month), considering special classifications such as staffing employees, independent contractors, temporary or short-term employees, and even interns. Assess whether the monthly measurement method or look-back measurement method to determine full-time status is best, based on the nature of the company's workforce. Update plan documents and summary plan descriptions, if necessary, for the measurement method selected. Select the appropriate safe harbor the company will use for the affordability calculation: W-2, rate of pay, or federal poverty line. Make sure Social Security number request obligations are being fulfilled. Check reporting obligations for non-ALEs that self-insured group health plans. Review the instructions for required forms, noting changes from prior years.
What are the ACA Late Penalties?
Employers can expect higher penalties for ACA violations, for being late, misfiling's, and not properly providing coverage. The IRS has begun "aggressive enforcement of the ACA," sending out Letter 226J penalty notices for noncompliance with the employer's shared responsibility payment provision. The Department of Health and Human Services issued the 2020 Notice of Benefit and Payment Parameters final rule in April 2019, and based on the inflation-adjustment factor in the final rule, compliance advisers project that the ACA 2020 penalty amounts, adjusted annually from the initial penalties set in 2014, will be as follows: Section 4980H(a) penalty is expected to increase from $2,320 per employee to $2,500 per employee. This penalty is imposed on employers who fail to offer full-time employees and their dependent children the opportunity to enroll in minimum essential coverage sponsored by the employer if at least one full-time employee obtains a premium tax credit for insurance purchased through an ACA marketplace exchange. The Section 4980H(b) penalty is expected to increase from $3,480 per employee to $3,750 per employee. This penalty is imposed on employers whose plan fails to meet the affordability and minimum value requirements. Other ACA penalties, including failure to file Form 1095 with the IRS and failure-to-furnish forms to employees, are expected to increase from $260 to $270 per return.