Challenging ACA Penalties

Sep 6, 2018, 1:04 PM

(from SHRM) Several lessons can be learned from the more than 300,000 proposed-penalty letters sent by the IRS this summer and late last year for alleged violations of the ACA's employer mandate in 2015. The letters are "preliminary employer shared responsibility payment" (ESRP) assessments, not final assessments. Before accepting the fine, thoroughly review the proposed assessment, reporting forms, exchange premium tax credit notices and other records to ensure that the proposed penalty is correct, recommended attorney Ed Bernard. The assessment may be challenged on the basis of erroneous information. 

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