What is the tackhammer penalty for ACA?

Asked by: Darby Baumbach  |  Last update: October 26, 2025
Score: 4.8/5 (15 votes)

This is commonly referred to as the “tack hammer” penalty. Calculated on a monthly basis, the employer mandate penalties are the annual amounts divided by 12. For 2025, the §4980H(a) sledgehammer penalty will be $2,900 (or $241.67 per month) and the §4980H(b) tack hammer penalty will be $4,350 (or $362.50 per month).

What is the tack hammer penalty for ACA?

IRC §4980H(b)—The “B Penalty”

The second ACA employer mandate liability is the §4980H(b) penalty—frequently referred to as the “B Penalty” or the “Tack Hammer Penalty.” This penalty applies where the ALE is not subject to the A Penalty. - offered coverage that did not provide minimum value.

What are the penalties for ACA mandate?

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.

How can I avoid the ACA tax penalty?

Make sure you have health care coverage

To avoid a penalty, you need minimum essential coverage (MEC) for each month of the year for: Yourself. Your spouse or domestic partner. Your dependents.

Is the ACA tax penalty removed?

Policy Change. When initially passed in 2009, the Affordable Care Act levied tax penalties on households that failed to obtain health insurance coverage equal to the lesser of 2.5% of household income or $695 per adult and $347.50 per child (capped at $2,085). TCJA eliminated this penalty effective in 2019.

Should You Play or Pay? ACA's Employer Tackhammer Penalty Explained

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Can I deduct my ACA premiums?

Type of insurance plan: Dental policies, Medicare, and health insurance policies purchased through the ACA marketplace may be eligible for a deduction if you pay for the premiums out of pocket. However, long-term care insurance is only deductible up to a certain annual limit based on your age.

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 ...

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 ACA maximum out of pocket for 2024?

For the 2024 plan year: The out-of-pocket limit for a Marketplace plan can't be more than $9,450 for an individual and $18,900 for a family.

Is ACA still mandatory?

Residents of California, Massachusetts, New Jersey, Rhode Island, and Washington, D.C. are required to buy health insurance or face a penalty, unless they have an exemption. Maryland and Vermont require residents to report their health insurance status but do not have a financial penalty for being uninsured.

What is the penalty for not filing a 1095c?

Penalties for Not Filing Forms 1094/1095-C

As of 2022, the fee is $280 for each unfiled or incorrect form. These penalties can be applied twice to the same return. For example, if you don't provide your employee with a 1095-C and you fail to provide the IRS with a copy, you will incur a total penalty of $560.

What are 5 mandated benefits under the ACA?

The 10 categories of benefits in an EHB package are: 1) ambulatory patient services, 2) emergency services, 3) hospitalization, 4) maternity and newborn care, 5) mental health and substance use disorder services, 6) prescription drugs, 7) rehabilitative and habilitative services and devices, 8) lab services, 9) ...

What is the ACA employer mandate for 2024?

Employer mandate overview

Employers must offer health insurance that is affordable and provides minimum value to 95% of their full-time employees and their children up to the end of the month in which they turn age 26, or be subject to penalties.

What is the penalty for employer mandate in 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 is the safe harbor affordability for 2024?

Federal poverty level (FPL) safe harbor

Employers adopting the 2024 federal poverty level, required for all plans starting on or after July 1, 2024, can charge up to $105.29 per month.

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.

What is the ACA full-time rule?

Definition of full-time employee

For purposes of the employer shared responsibility provisions, a full-time employee is, for a calendar month, an employee employed on average at least 30 hours of service per week, or 130 hours of service per month.

What is the ACA penalty Part B?

The Employer Mandate (Penalty B)

If an employee receives coverage through the state exchange and qualifies for a premium subsidy, the penalty for non-compliance is $4,460 per employee for 2024. For 2025, this penalty is projected to increase to $4,760.

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 is the ACA penalty for 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.

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.

What is the penalty for ACA affordability?

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).

Do copays count towards deductible ACA?

Therefore all health plans for the 2024 plan year are required to count all copay assistances towards your deductible and annual limits on cost sharing. The only possible exception is copay assistance used for a brand-name medication that has a medically appropriate generic available.

Is it worth claiming medical expenses on taxes?

The medical expense deduction covers a wide variety of expenses. However, because of the high Standard Deduction and the 7.5% of AGI threshold requirement, it can be difficult to benefit unless you have a lot of out-of-pocket costs.