The Employer Mandate Fee / Employer Shared Responsibility Payment
The annual employer mandate fee (officially called an Employer Shared Responsibility Payment) is a per employee fee for employers with over 50 full-time equivalent employees who don't offer health coverage to full-time employees.
• The employer mandate is based on full-time
equivalent employees, not just full-time employees.
• The fee is based on whether or not you offer affordable health insurance to your employees that provides minimum value (explained below).
• In 2015 employers with more than 100 FTEs will need to cover 70% of their full-time employees. By 2016 employers with more than 50 FTEs will need to provide coverage to
"substantially all" (95%) their full-time employees.
• The annual fee is $2,000 per employee if insurance isn't offered (the first 30 full-time employees are exempt).
• If at least one full-time employee receives a premium tax credit because coverage is either unaffordable or does not cover 60 percent of total costs, the employer must pay the lesser of $3,000 for each of those employees receiving a credit or $750 for each of their full-time employees total.
• The fee is a per month fee due annually on employer federal tax returns starting in 2015 for small businesses with 100 or more full-time equivalent employees(2016 for those with 50-99). So the per month fee is 1/12 of the $2,000 or $3,000 per employee.
• Unlike employer contributions to employee premiums, the Employer Shared Responsibility Payment is not tax deductible.
• Transition relief is available to small businesses and large businesses transitioning into compliance with the new mandate. Please see the
official IRS rules regarding transition relief here.
• The Internal Revenue Service has
more information about the Employer Shared Responsibility Payment.