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ACA ESR Penalty Abatement Due to Financial Hardship?
BenefitsLink Message Boards Link to more items from this source
Nov. 29, 2018
I have a client ALE who has not offered coverage to any of its FTEs or FTE equivalents. Of course they have now received a 226-J letter for 2016 because 8 employees have received a PTC on the Exchange. Their argument is that they could not afford to offer coverage because 2018 is the first year they turned a profit (they took over a company in 2015 and never offered coverage). Has anyone successfully made a hardship argument on behalf of a client that's never offered coverage to their employees? Of course I am requesting W-2s from the client to make sure the IRS did not mistakenly offer the PTC to these employees, but I'm afraid they're going to get hit with penalties for the past 3 years and likely go out of business.

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