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Can Employers Create a Goldilocks Zone?
Moulder Law Link to more items from this source
Nov. 11, 2013

"As a result of elective deferrals not being accounted for in the rate of pay safe harbor there is an opportunity for an employer to offer affordable coverage under the rate of pay safe harbor that is in fact not affordable to the employee when determining eligibility for a premium tax credit. If the employer with the assistance of the employee can create this scenario, the employer will not be liable for the employee under section 4980H and the employee could be eligible for a premium tax credit. The goldilocks zone puts each party in a better position.... Using the rate of pay safe harbor to create a goldilocks zone will only be viable for single income salaried households."

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