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IRS Clarification of Employer COBRA Tax Credit for Prior-Year Coverage
Deloitte via BenefitsLink.com Link to more items from this source
[Guidance Overview]
Jan. 21, 2010
Excerpt: Some considered the IRS position to require an employer to claim the tax credit for the year of the COBRA coverage, even if the premium payment was made in the following year. This would have required employers to file a corrected Form 941 to claim the subsidy if the employer received in 2010 a 35 percent COBRA premium from an assistance eligible individual that related to the prior year's coverage.

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