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IRS HCTT-2016-38: Obamacare and Businesses

Find Out How ACA affects Employers with 50 or More Employees

Some of the provisions of the health care law apply only to large employers, which are generally those with 50 or more full-time equivalent employees. These employers are applicable large employers – also known as ALEs – and are subject to the employer shared responsibility provisions.

Information Reporting

Applicable large employers have annual reporting responsibilities concerning whether and what health insurance they offered to their full-time employees during the prior year. In 2016, the deadline to provide Forms 1095-C to full-time employees is March 31. The deadline by which ALEs must file information returns with the IRS is no later than May 31 or June 30 if filed electronically.

All employers, regardless of size, that provide self-insured health coverage must file an annual return reporting certain information for individuals they cover. In 2016, the deadline by which self-insured ALEs must provide Forms 1095-C to responsible individuals is March 31. The returns with 2015 information are due no later than May 31 or June 30 if filed electronically.

Employer Shared Responsibility Payment

ALEs are subject to the employer shared responsibility payment if at least one full-time employee receives the premium tax credit and any one these conditions apply. The ALE:

  • failed to offer coverage to full-time employees and their dependents
  • offered coverage that was not affordable
  • offered coverage that did not provide a minimum level of coverage

SHOP Marketplace

Employers with more than 50 cannot purchase health insurance coverage for its employees through the Small Business Health Options Program – better known as the SHOP Marketplace. However, Employers that have exactly 50 employees can purchase coverage for their employees through the SHOP.

For more information, visit the Determining if an Employer is an Applicable Large Employer page on IRS.gov/aca.

IRS Tax Tip 2016-44: Tax Refund Offsets Pay Unpaid Debts

Tax Refund Offsets Pay Unpaid Debts

If you can’t pay your taxes in full, the IRS will work with you. Past due debts like taxes owed, however, can reduce your federal tax refund. The Treasury Offset Program can use all or part of your federal refund to settle certain unpaid federal or state debts, to include unpaid individual shared responsibility payments. Here are five facts to know about tax refund offsets.

1. Bureau of the Fiscal Service. The Department of Treasury’s Bureau of the Fiscal Service, or BFS, runs the Treasury Offset Program.

2. Offsets to Pay Certain Debts. The BFS may also use part or all of your tax refund to pay certain other debts such as:

Federal tax debts.
Federal agency debts like a delinquent student loan.
State income tax obligations.
Past-due child and spousal support.
Certain unemployment compensation debts owed to a state.

3. Notify by Mail. The BFS will mail you a notice if it offsets any part of your refund to pay your debt. The notice will list the original refund and offset amount. It will also include the agency that received the offset payment. It will also give the agency’s contact information.

4. How to Dispute Offset. If you wish to dispute the offset, you should contact the agency that received the offset payment. Only contact the IRS is your offset payment was applied to a federal tax debt.

5. Injured Spouse Allocation. You may be entitled to part or the entire offset if you filed a joint tax return with your spouse. This rule applies if your spouse is solely responsible for the debt. To get your part of the refund, file Form 8379, Injured Spouse Allocation. If you need to prepare a Form 8379, you can prepare and e-file your tax return for free using IRS Free File.

Health Care Law: Refund Offsets and the Individual Shared Responsibility Payment

While the law prohibits the IRS from using liens or levies to collect any individual shared responsibility payment, if you owe a shared responsibility payment, the IRS may offset your refund against that liability.

Each and every taxpayer has a set of fundamental rights they should be aware of when dealing with the IRS. These are your Taxpayer Bill of Rights. Explore your rights and our obligations to protect them on IRS.gov.

Additional IRS Resources:

Tax Topic 203 – Refund Offsets

IRS Tax Tip 2016-35: Free Help Preparing Tax Returns

Free Help Preparing Tax Returns Available Nationwide

IRS YouTube Videos:
Free Help Preparing your Tax Return: English | Spanish | ASL

WASHINGTON –– The Internal Revenue Service reminded taxpayers today that they may be eligible to receive free tax help at more than 12,000 preparation sites available nationwide. The sites, generally located at community and neighborhood centers, provide tax assistance to taxpayers with low- and moderate-incomes and the elderly.

The IRS Volunteer Income Tax Assistance (VITA) program offers free tax help to individuals who generally make 54,000 or less, persons with disabilities, the elderly and individuals with limited English proficiency who need assistance in preparing their taxes. The Tax Counseling for the Elderly (TCE) program offers free tax help for all taxpayers, particularly those who are 60 and older. VITA and TCE volunteers are trained and certified by the IRS to help with many tax questions, including credits such as the Earned Income Tax Credit (EITC) and the Child and Dependent Care Credit.

The Earned Income Tax Credit (EITC) is a significant tax credit for workers who earned $53,267 or less in 2015. Last year, more than 27.5 million eligible workers and families received almost $66.7 billion in EITC, with an average EITC amount of more than $2,400. The maximum EITC amount for 2015 is $6,242 for qualifying families. In order to receive the credit, eligible taxpayers must file a tax return, even if they do not have a filing requirement. The VITA and TCE programs can help answer many EITC questions and help taxpayers claim the credit if they qualify. Taxpayers may also use the IRS.gov EITC Assistant to help them determine their eligibility.

Before visiting a VITA or TCE site, taxpayers should review Publication 3676-B to be aware of the services provided. To find the nearest VITA or TCE site, taxpayers can use the VITA and TCE locator tool available on IRS.gov, download the IRS smartphone app IRS2GO or call 800-906-9887.

For assistance preparing a tax return at a VITA or TCE site, taxpayers must bring all required documents and information including:

Proof of identification (photo ID)
Social Security cards for the taxpayer, spouse and dependents
An Individual Taxpayer Identification Number (ITIN) assignment letter may be substituted for those who do not have a Social Security number
Proof of foreign status, if applying for an ITIN
Birth dates for the taxpayer, spouse and dependents
Wage and earning statements (Form W-2, W-2G, 1099-R,1099-Misc) from all employers and other payers
Interest and dividend statements from banks (Forms 1099)
All Forms 1095, Health Insurance Statements
Health Insurance Exemption Certificate, if received
A copy of last year’s federal and state returns, if available
Proof of bank account routing and account numbers for direct deposit such as a blank check
To file taxes electronically on a married-filing-joint tax return, both spouses must be present to sign the required forms
Total amount paid for daycare services and the daycare provider’s tax identifying number such as their Social Security number or business Employer Identification Number
Form 1095-A, Form 1095-B or Form 1095-C, Affordable Health Care Statements
Copies of income transcripts from IRS and state, if applicable
The military also partners with the IRS to provide free tax assistance to military personnel and their families. The Armed Forces Tax Council (AFTC) consists of the tax program coordinators for the Army, Air Force, Navy, Marine Corps and Coast Guard. The AFTC oversees the operation of the military tax programs worldwide, and serves as the main conduit for outreach by the IRS to military personnel and their families. Volunteers are trained and equipped to address military specific tax issues, such as combat zone tax benefits and the effect of the EITC guidelines.

In addition to free tax return preparation assistance, most sites will file returns electronically for free. Combining e-file with direct deposit is the fastest and most accurate way to file. The IRS issues nine out of 10 refunds in 21 days or less. Paper returns take longer to process. Taxpayers who chose to file electronically and owe, can make a payment by the April 18, 2016 deadline using Direct Pay. This IRS free service allows taxpayers to make secure payments from a checking or savings account.

Taxpayers that prefer to file their own tax returns electronically have the option of using IRS Free File. IRS Free File offers brand-name tax software to taxpayers who earned 62,000 or less in 2015 to file their returns for free. Taxpayers who earned more can use Free Fillable Forms, the electronic version of IRS paper forms. IRS Free File is only available through the IRS website by visiting IRS.gov/freefile.