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Finding Out If IRS Has Issued ACA Penalty Notice


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Lately, all the publications have been alerting us that we need to check our mailrooms for the ACA Penalty Notices, because of the limited time to respond. I have been checking everywhere withing our organization, but so far, nobody is reporting that we have received any notice. Has anyone discovered a way to find out from the IRS directly (either by calling or through an e-mail or posting) whether a penalty notice has been issued?

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Since the only notices IRS is currently sending are with respect to 2015 you should check your 2015 Forms 1094-C and 1095-C and see if you admitted/confessed liability for penalties in the event any of your full-time employees received Marketplace subsidies during 2015.

For example, do any of your Forms 1095-C have a code 1H (no offer of coverage) in line 14 and line 16 is blank (no penalty "excuse" code listed) potentially invoking the 4980H(b) penalty?

And on your 1094-C did you check "No" in column (a) for any of lines 23-35 thereby potentially invoking the 4980H(a) penalty?

If you didn't waive any of these white surrender flags the IRS computer system won't generate a penalty notice so rest easy.

 

 

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