Client failed to give QSEHRA notices for last four years. We realize there is a $50 per employee per notice failure for each year, with a maximum penalty of $2500 per year. My question is do we self report the failure and pay it? If so, how? I am not seeing any specific form for doing so. It does appear that an IRS examiner would use a form 8278, but that looks like an internal form.
Another twist is that the client exceeded the contribution limits in some years and/or did not satisfy the same terms requirement. Consequently, it failed to be a QSEHRA years ago. I have already looked at form 8928 that should be filed with respect to the 4980D issue and the potential excise tax of $100 per day per employee. If we do that, is it possible to get the QSEHRA back on track so to speak, in other words making it a valid QSEHRA going forward? Or do we need to terminate the old QSEHRA and start a new one?
Thank you.