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Employers Can No Longer Pay for an Employee's Individual Health Insurance Policy on a Tax-Free Basis (PDF)
Paul Hastings LLP Link to more items from this source
[Guidance Overview]
Sept. 19, 2013
"For over fifty years, the IRS has permitted employers to reimburse or otherwise pay for employee individual health insurance premiums on a tax-free basis.... [S]ome employers have considered dropping their health coverage and subsidizing the cost of their employees' purchase of health coverage on the exchanges. Because all policies offered through the exchanges must comply with ACA's market reforms, an employer could reasonably believe that such an arrangement should not be unlawful under the ACA because the policies themselves would be ACA compliant.... The Notice provides that stand-alone HRAs maintained only for retirees are exempt from ACA's market reform rules and therefore may pay for individual health insurance premiums on a tax-free basis."

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