What is the penalty for large employer ACA?

Asked by: Mr. Dominic Turcotte  |  Last update: August 9, 2025
Score: 4.5/5 (37 votes)

The penalty for each month is $4,460 divided by 12, for each full-time employee receiving a premium tax credit that month (up to a maximum of $2,970 divided by 12, times the number of full-time employees (minus up to 30).

What are the penalties for large employers under ACA?

A penalty of $2,970 (for 2024) per full-time employee minus the first 30 will be incurred if the employer fails to offer minimum essential coverage to 95 percent of its full-time employees and their dependents, and any full-time employee obtains coverage on the exchange.

What are the consequences of the ACA's employer mandate?

Employer mandate penalty amounts and processes

The employer does not offer coverage to full-time employees. The penalty is $2,570 per full-time employee, excluding the first 30 employees.

What is the penalty for ACA employer mandate 2024?

The 4980H(a) penalty for 2024 is $247.50, or $2,970 annualized, per employee. This is a modest increase from the 2023 figures, which were $240 monthly and $2,880 annualized.

How to calculate ACA penalty for employers?

For example, an employer with 100 FTEs offers coverage that meets the minimum essential coverage requirements but 10 employees pay more than 9.5 percent of their W-2 wages (safe harbor) – AND the employees obtain a subsidy for coverage in the California Exchange – then the employer would pay a fine for each employee ...

ACA Play or Pay Decision for Employers Explained

37 related questions found

How can employers avoid ACA tax penalties?

The State of California (state) is subject to the Affordable Care Act's (ACA) Employer Shared Responsibility provision which requires large employers to offer affordable health coverage that provides minimum value to at least 95 percent of its full-time employees and their dependents to avoid a penalty assessment.

How much is the ACA penalty?

The penalty for not having coverage the entire year will be at least $900 per adult and $450 per dependent child under 18 in the household when you file your 2023 state income tax return in 2024. A family of four that goes uninsured for the whole year would face a penalty of at least $2,700.

What is the ACA sledgehammer penalty?

This is because the 4980H(a) penalty is known as the “hammer penalty” and applies on a pass/fail scenario. If an organization does not offer sufficient coverage to 95% of its full-time employees, the penalty applies across the entire full-time workforce, minus the 30 exemption.

What are the ACA requirements for employers in 2024?

Employers must report employee insurance information with the California Franchise Tax Board (FTB) once per year. Information should be submitted to the state using federal Forms 1094-C, 1095-C, and 1095-B. Organizations must also distribute copies to employees.

What is an applicable large employer?

An applicable large employer (ALE) is an employer with an average of at least 50 full-time employees. An applicable large employer may be a single entity or may consist of a group of related entities.

What is the ACA 30 hour rule?

If an employee is credited with an average of 30 hours per week or more during the Standard Measurement Period, the employee would be eligible for benefits for the upcoming plan year.

Did the ACA penalize employers who did not offer health insurance?

The employer shared responsibility provision of the Affordable Care Act penalizes employers who either do not offer coverage or do not offer coverage that meets minimum value and affordability standards.

Can I sue my employer for not providing health insurance?

It has an obligation to honor that commitment, even though the law does not require it to provide health insurance. Otherwise, an employee can sue the employer to enforce the contract.

What is the penalty for the ACA 2025?

Section 4980H(a) penalty: ALEs must pay a monthly penalty of $241.67 or an annual penalty of $2,900 per employee. This penalty applies if they fail to offer MEC to 95% of their full-time employees and their dependents.

What size employer has to report to ACA?

Learn more at HealthCare.gov. If you have 50 or more full-time employees, including full-time equivalent employees, you are an applicable full-time employer and need to issue statements to employees and file an annual information return reporting whether and what health insurance you offered employees.

Is there a statute of limitations on ACA penalties?

ACA penalty assessments are now subject to a six-year statute of limitations, which begins on the later of the deadline for filing the 1095-C forms, or the date the forms were actually filed. Previously, no statute of limitations applied to ACA penalty assessments.

What is the penalty for employer mandate in 2024?

For calendar year 2024, the adjusted $2,000 amount is $2,970 and the adjusted $3,000 amount is $4,460.

What is the ACA 50 employee rule?

Under the Affordable Care Act (ACA), businesses with 50 or more full-time equivalent (FTE) employees that do not offer health coverage, or that offer health coverage that does not meet certain minimum standards, may be subject to a financial penalty, referred to as the Employer Shared Responsibility payment.

Is the ACA employer mandate still in effect?

The ACA Employer Mandate applies to Applicable Large Employers (ALEs). An ALE is defined as an employer with at least 50 full-time employees or full-time equivalents (FTEs). If a business qualifies as an ALE, it must offer health coverage to full-time employees.

What is the penalty for large employers under ACA?

Section 4980H(b) penalty: If at least one full-time employee doesn't receive a health plan option that's affordable, meets MEC, or provides minimum value, the ALE will be subject to a monthly penalty of $362.50 (or an annual penalty of $4,350) per employee with tax credits.

How can I avoid ACA penalty?

To avoid this penalty notice, employers must adhere to the appropriate ACA filing and furnishing deadlines for the applicable tax year. Employers have until March 1 each year to furnish the required 1095-C forms to their full-time staff.

Is there still an ACA penalty?

Congress eliminated the federal tax penalty for not having health insurance, effective January 1, 2019. While there is no longer a federal tax penalty for being uninsured, some states (CA, MA, NJ, and RI) and DC have enacted individual mandates and may apply a state tax penalty if you lack health coverage for the year.

What is the ACA pay or play rule?

Pay or Play Penalty—Affordability of Health Coverage

The Affordable Care Act (ACA) requires applicable large employers (ALEs) to offer affordable, minimum value health coverage to their full-time employees or pay a penalty.

How can I avoid paying back my premium tax credit?

Report any changes in your income during the year to the Marketplace, so your credit can be adjusted and you can avoid any significant repayments at the end of the year.

Which state does not require health insurance?

New Jersey, California, Rhode Island, Massachusetts, and the District of Columbia require their residents to have health insurance coverage or face penalties. Vermont recommends that residents have coverage, but there's no noncompliance penalty.