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Paragraph in ACA Final Rules Raises Questions for Staffing Firms
Staffing Industry Analysts Link to more items from this source
[Guidance Overview]
Feb. 26, 2014
"A parenthetical remark refers to 'the typical case in which the professional employer organization or staffing firm is not the common law employer of the individual.' One wonders whether IRS is saying [1] that it is typical overall for staffing customers and not staffing firms to be the common law employers and therefore usually OK for customers to take credit for offered coverage, or [2] that, in typical manifestations of the few cases where staffing customers are the common law employers, customers may take credit for the offered coverage. An aggressive application of the test could be extremely disruptive to the staffing industry."

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