"Unfortunately, the IRS has not yet addressed how the ACA Form W-2 reporting requirements apply to Professional Employer Organizations (PEOs). Specifically, where health care is offered at the PEO-level and at the client-level, it's not clear which entity has the obligation to report, and how many employees to be counted to determine whether the IRS transitional rule applies.... [S]ome legal commentators and consultants believe that subsequent ACA Form W-2 regulations will model the FMLA and Title VII approach. But these laws, while similar in subject matter, are not controlling, and though they may give some insight into how the regulations will approach ACA Form W-2 reporting for PEOs, they should not be the basis of compliance."