Q: How Much Are the §4980H Penalties (Employer Shared Responsibility Payments)? A: §4980H(a) If the employer fails to offer MEC to at least 95% (or all but five, if greater) of full-time employees, a penalty will apply if any full-time employee enrolls through a public Exchange and qualifies for a premium tax credit. The penalty is multiplied by the total full-time employee count minus the first 30, regardless of how many employees were offered coverage. Penalty calculation = (full-time employee count – 30) * §4980H(a) penalty. §4980H(b) If the employer satisfies §4980H(a) requirements, they may still owe a penalty for any full-time employee who is not offered minimum-value, affordable coverage if that employee enrolls through a public Exchange and qualifies for a premium tax credit. This penalty applies on a per-employee basis rather than against the total full-time employee count. Penalty calculation = §4980H(b) penalty for each full-time employee who is not offered minimum-value, affordable coverage who enrolls through a public Exchange and qualifies for a premium tax credit. If you are not sure your dealership is in compliance and have concerns about penalties, fines, or have not had a compliance audit done in the last year, EPIC will perform a compliance audit at no cost to GLANCDA members. EPIC ranks among the top 15 retail insurance brokers in the United States and is the largest insurer of auto dealers in the state. Alison McCallum has been in the employee benefits industry for over 20 years and personally works with more than 60 Southern California Dealerships. She is a Principal with EPIC Insurance Brokers and Consultants, the only CNCDA licensed broker. With this partnership, EPIC offers unique services available to GLANCDA dealer members at no cost. If you have questions or would like further information, please feel free to contact her at (949) 417-9136 or alison.mccallum@epicbrokers.com. §4980H(a) §4980H(b) 2015 $2,080 ($173.33/mo.) $3,120 ($260/mo.) 2016 $2,160 ($180/mo.) $3,240 ($270/mo.) 2017 $2,260 ($188.33/mo.) $3,390 ($282.50/mo.) 2018 $2,320 ($193.33/mo.) $3,480 ($290/mo.) 2019 $2,500 ($208.33/mo.) $3,750 ($312.50/mo.) 2020 $2,570 ($214.16/mo.) $3,860 ($321.66/mo.) 2021 $2,700 ($225/mo.) $4,060 ($338.33/mo.) 2022 $2,750 ($229.16/mo.) $4,120 ($343.33/mo.) 2023 $2,880 ($240/mo.) $4,320 ($360/mo.) 7 Pub. 10, Issue 1
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