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To Pay or Play Under the ACA? Government Contractors May Not Have a Real Choice
McKenna Long & Aldridge LLP Link to more items from this source
[Guidance Overview]
Feb. 12, 2014
"Relevant statutes, regulations, and guidance appear to refer interchangeably to the 'assessable payment' as a penalty or a tax. These mixed references raise the question of whether the appropriate treatment is as a tax or a penalty. Certainly, the allowability of any such assessable payment under government contracts law remains untested and unclear. As a result, government contractors in particular must proceed with caution here because opting to pay the 'penalty' under the ACA may result in the incurrence of unallowable costs."

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