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Employee Classifications, Employer Shared Responsibility Tax and Medicare Collide
Winstead PC [Guidance Overview] Sept. 15, 2016
"[Information Letter 2016-0030] restated [the IRS] position that the employer shared responsibility tax is assessed based on the facts and circumstances of how many hours the employees work in a particular month, and that the employer's policies or classifications provide no protection from the tax assessment.... [T]he fact the employee was in fact eligible for and receiving Medicare did not change whether the employer might be subject to the employer shared responsibility tax for this individual if he or she worked 30 or more hours per week."
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