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IRS Further Delays Health Insurance Coverage Information Reporting for Small Employers

A new IRS Notice provides interim guidance significantly relaxing the Patient Protection and Affordable Care Act's (PPACA's) information reporting requirement for employer-sponsored health coverage. Under the new guidance, reporting continues to be voluntary for all employers in 2011, and it will be voluntary for small employers until further guidance is issued, but at least through 2012. The Notice also provides guidance on the nuts and bolts of the information reporting rule for employers who will be subject to it, and those employers that choose to voluntarily comply with it.

For tax years beginning on or after Jan. 1, 2011, PPACA generally provides that the aggregate cost of the applicable employer-sponsored health insurance coverage must be reported on Form W-2. For this purpose, the aggregate cost is to be determined under rules similar to the rules referring to the definition of the “applicable premium” under the rules providing for COBRA continuation coverage.

In the recent notice IRS made this new reporting requirement optional for all employers for the 2011 Forms W-2 (which would generally be given to employees in January 2012).

This delay provides further relief for small employers (i.e., those filing fewer than 250 Forms W-2) by making reporting optional for health coverage provided through at least 2012, or until further guidance is issued by IRS. In other words, small employers won't have to report the cost of health care coverage on any forms required to be furnished to employees before January 2014, at the earliest.

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