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Marketplace Subsidy Notices: What Employers Need to Know
Proskauer's ERISA Practice Center Link to more items from this source
[Guidance Overview]
July 8, 2016

"An employer receiving a FFM subsidy notice is not automatically subject to a shared responsibility penalty. CMS has no authority to make penalty determinations under Code Section 4980H -- any such determination will be made independently by the IRS. The IRS has not yet provided concrete procedures related to penalty assessments under Code Section 4980H, but it has indicated that employers will have the opportunity to appeal assessments. Various circumstances could exist under which an employee is entitled to a premium subsidy without triggering a penalty on the employer."

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