Posts Tagged ‘penalties’

The ACA: Small Businesses Are Also At Risk

Friday, February 26th, 2016
ACA Small Business Penalities - Ohio CPA Firm

The “any’ employer changes impacting small businesses are potentially even more costly than the penalties faced by the “larger” employers. Read on to find out what to expect.

Thinking the provisions outlined in the Affordable Care Act doesn’t apply to your business because you are “under the threshold of 50 employees” is a very dangerous assumption to make.

It’s likely that you’ve heard much ado about the significant changes (and the penalties associated with these changes) large employers – those with more than 50 full-time-employees – are expected to make, but small employers are not immune to the ACA. In fact, the legislation also outlines changes that are mandatory of “any” employer.

The “any” employer changes I have found typically aren’t considered a problem for larger employers because they aren’t likely to have the conditions that result in issues with these specific changes. Companies with fewer than 50 full-time employees, on the other hand, are at great risk.

Why small business owners should be aware of “any” employer changes

It’s typical for small business owners to think they don’t have to worry about the changes that resulted from the ACA. Oftentimes, they will point to their smaller size as justification. The only thing that does is leave them vulnerable to the penalties associated with noncompliance.

Listen to episode 5 of unsuitable on Rea Radio to learn more
about ACA changes small business owners should be aware of.

The “any’ employer changes impacting small businesses are potentially even more costly than the penalties faced by the “larger” employers. In fact, you could be looking at a max penalty of $36,500 per employee, per year. In contrast, the max penalty on the “large” employer is only $2,000 per full-time employee, per year.

If you own a business with around 30-50 staff members and you are thinking about dealing with the new health insurance mandates on your own, take a minute to consider whether it’s really worth the risk. I recommend seeking another opinion.  So many people, including you and your family, depend on the general well-being of your business. You can protect this valuable asset by being sure about whether or not you comply with these costly ACA provisions.

Email Rea & Associates to connect with an ACA expert today.

By Joe Popp, JD, LLM (Dublin office)

Need to learn more about the ACA? These articles will point you in the right direction:

Make BIG Changes Or Face BIG Fines

The Cost Of Reimbursing Employees For Health Care

Secure Form 1095-C Help Now And Avoid Penalties

Share Button

Secure Form 1095-C Help Now And Avoid Penalties

Monday, December 14th, 2015
Form 1095-C Preparation Service | Rea & Associates | Ohio CPA Firm

Finding out you are an Applicable Large Employer is a hard pill to swallow. Finding out you are an Applicable Large Employer after the IRS penalizes you for not filing Form 1095-C is even harder. It’s not too late to get help – yet. Read on to learn more.

If you haven’t made arrangements to complete your company’s Form 1095-C yet, you can’t afford to put it off any longer.

What is Form 1095-C?

Think of the 1095-C like a W-2, but for health insurance instead of wages. It’s a mandatory form applicable large employers (ALEs) must complete. There are non-filing penalties that start small but could lead to larger penalties, such as the pay or play penalty ($2,000 per employee, per year).

Read Also: Make BIG Changes Or Face BIG Fines

Most of the time, it’s pretty easy to tell if your company is an Applicable Large Employer – other times, it’s not as clear. For example, you might have only a few full time employees but lots of part time employees. Every hour a part time worker works counts toward your large employer status. So, if you aren’t quite sure whether your business is actually required to file Form 1095-C, you need to work with an ACA expert immediately.

What Happens If I Don’t File?

The 1095-C is the form that tells the IRS if the employer should be penalized or not, whether the employee should be penalized or not, and if the employee or members of the employee’s family is eligible for premium subsidies. If you don’t file the form, how do you think the IRS will answer these questions? “Yes,” “Yes,” and “No” would be a good guess.

Both the employer and the employees have to do something to avoid being penalized – employer has to offer coverage and employee has to have coverage. If you don’t file, it is likely to cause trouble to both the employer and the employees – and you’ll end up having to file the forms anyway, in addition to the employer paying the late penalties and everyone having to deal with cleaning up all the notices from the IRS.

Am I Too Late?

Unfortunately, business owners nationwide are having problems finding a service provider who can help them locate the information needed to complete the form. Some payroll providers will offer their assistance, but they will likely require you to buy more services than you want or need to do it. Fortunately, you do have another option – Rea & Associates.

Ours is one of only a few firms offering stand-alone 1095-C service. Not only will our experts generate the 1095-C Forms you need, they will help you retrieve the data you already track and have access to or that you would have to retrieve from your service provider anyway.

But time is still of the essence. Don’t wait! Learn more about our Form 1095-C Preparation Services and then call me at 614.923.6577 to talk about your specific needs.

By Joe Popp, JD, LLM (Dublin office)

Want to learn more about your responsibility under the Affordable Care Act? Check out these articles:

The Cost Of Reimbursing Employees For Health Care

Obamacare: Discrimination Is Not An Option

What You Need To Know About Obamacare Employee Dumping

Share Button

A Fair Assessment?

Tuesday, July 21st, 2015
Back taxes - Ohio CPA Firm

When a taxpayer files a false or fraudulent return, the taxpayer waves their right to statute of limitations protection. And if a taxpayer fails to file their income tax return, the IRS is allowed to undertake collection proceedings at any time and without assessment.

Bob recently received a copy of his account transcripts from the IRS. Upon reviewing the paperwork, he noticed that the government agency made note of a “date of assessment,” which prompted him to wonder how the date of assessment was determined? Moreover, he wanted to know what role one’s date of assessment plays with regard to the time frame the government has to collect back taxes.

If you ever find yourself in a situation similar to Bob’s, with questions about your tax history, in addition to speaking with your tax advisor, you can request that a copy of your tax return transcript and tax account transcript be mailed to you. Fill out the online form here, but make sure you are making the request for the current tax year’s transcript or transcripts for three years prior.

If you are requesting transcripts for older tax years or you need a wage and income transcript or verification of non-filing letter, you’ll need to complete Form 4506-T and send it to the address listed on the form’s instructions. Due to a recent security breach, your transcripts will not be sent electronically.

How Far Back Can The IRS Go To Collect Back Taxes?

If the IRS is attempting to collect past due taxes, the agency will assign a date of assessment to your IRS account transcript.

Read Also: IRS Says You Owe More? Don’t Write That Check Yet!

Like many of the invoices you see every day, every item on your transcript will be assigned a code. Your date of assessment is no different. To identify the date of assessment on your account transcript for the tax year in question, look for Transaction Code “150.”

As a general rule, the IRS must assess tax, or file suit against the taxpayer to collect the back taxes, within three years after the original tax return was filed. This three-year period of limitation on assessments also applies to penalties. In fact, this rule continues to apply regardless of whether the return was filed on time or not. In general, the statute of limitations will almost always begin the day after the taxpayer files their income tax return.

The Rules May Not Apply

It seems as though there are always exceptions to the rules we work so hard to uphold – taxes are not excluded from this trend. For instance, when a taxpayer files a false or fraudulent return, the taxpayer waves their right to statute of limitations protection. And if a taxpayer fails to file their income tax return, the IRS is allowed to undertake collection proceedings at any time and without assessment.

Parting Shots

While the statute of limitations for assessment is three years after your return has been filed, the IRS still has 10 years to actually collect the assessed tax. Below is an example of the assessment process in action:

  • April 15, 2015 – you filed your 2014 tax return with the IRS
  • March 31, 2018 – the IRS assesses additional taxes on your 2014 tax return
  • The IRS has until March 31, 2028, to collect the additional tax or file suit against you.

While this information may help to shine some light on IRS assessments and statute of limitations rules, every situation is unique and hinges on several specific variables. Your tax advisor can help you sort through codes and details to get you back on the right track. Email Rea & Associates to learn more.

By Christopher Axene, CPA (Dublin office)

Check out these articles to learn more about your responsibilities as a taxpayer:

How Far Back Can The IRS Go For Tax Auditing?

The Truth About Tax Extensions

If Something Happens To me, What Will Happen With My Financial Matters?

Share Button