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IRS Releases First Guidance on ACA's 'Cadillac Tax'
Proskauer Rose LLP Link to more items from this source
[Guidance Overview]
Mar. 4, 2015

"[IRS Notice 2015-16] offers a number of initial ideas and proposed approaches on how various Excise Tax issues may be resolved. The Notice also requests comments from practitioners on specific parts of the Excise Tax, as well as related issues under [COBRA]. Notably, the Notice does not provide further guidance on which party will be liable for the Excise Tax in the case of self-funded coverage -- i.e., whether that is the plan sponsor, the third-party administrator, or the plan administrator listed on the plan's Form 5500. In addition, the Notice does not indicate whether there are any circumstances under which the Excise Tax may be paid from plan assets."

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