Even when the ALE offered affordable coverage some full-time employees were able to get PTC/CSR subsidies and it's causing the IRS to propose the 4980H(b) ESRP against the ALE.
So I'm curious if we "prove" to IRS that our employee was not entitled to any subsidy because we offered affordable coverage will the IRS go back against the employee to recoup the subsidies?
If so the employer may decide to not fight the "b" penalty to avoid antagonizing the employee.