The ACA employer shared-responsibility rules apply to an applicable large employer, not to every company that has close to 50 people on a roster. The Internal Revenue Service determines applicable-large-employer status for a calendar year from the average size of the workforce in the prior calendar year, counting full-time employees and full-time-equivalent employees together. This calculator applies that IRS counting method to the hours you enter. It is an estimate, not a determination, and it is not tax advice.
A full-time employee, for any calendar month, is an employee who has on average at least 30 hours of service per week during that month, or at least 130 hours of service during that month. Full-time-equivalent employees are a combination of employees who are not full-time. For each month, the IRS method combines the hours of service of all non-full-time employees, counting no more than 120 hours of service per employee, and divides that total by 120. The employer then adds the full-time count and the full-time-equivalent count for each month of the prior calendar year, divides by 12, and, if the result is not a whole number, rounds down to the next lowest whole number. If that result is at least 50, the employer is an applicable large employer for the current calendar year. If it is fewer than 50, the employer is not.
A company that is not an applicable large employer is generally not required to offer health coverage under these rules, and is not subject to the related information-reporting provisions for the current year. Many still offer a plan, or use an ICHRA or QSEHRA. The employer coverage requirement page explains that in more detail. An applicable large employer need not offer minimum essential coverage to part-time employees in order to avoid an employer shared-responsibility payment; the part-time hours matter for the status test, not for who must receive an offer.
Two official exceptions can change the result. First, an employer is not considered to have more than 50 full-time employees, including equivalents, if the workforce exceeds 50 for 120 days or fewer during the calendar year and the employees in excess of 50 during that period are seasonal workers. Second, companies with a common owner, or that are otherwise related under certain Internal Revenue Code section 414 rules, are generally combined and treated as a single employer for the status test, even if each company would be under 50 on its own. A new employer that was not in existence on any business day in the prior calendar year uses a current-year test: it is an applicable large employer for the current year if it reasonably expects to employ, and actually does employ, an average of at least 50 full-time employees, including equivalents, on business days during the current calendar year. Federal law also provides that an employee is not counted toward the 50-employee threshold for a month in which the employee has medical care through the military, including TRICARE or Veterans' coverage, solely for this status test.
Enter monthly hours of service, not headcount alone. The Form 8941 full-time-equivalent method used for the Small Business Health Care Tax Credit is different: it uses annual hours divided by 2,080, with a 2,080-hour cap. Do not use this calculator's result as a Form 8941 figure, and do not use a tax-credit figure as an applicable-large-employer test. A tax advisor should apply section 4980H and the Treasury regulations to your facts, including aggregation. Request a proposal or call (813) 540-1299 if you want help looking at coverage options around this line.Estimate applicable-large-employer status
Frequently asked questions
If the calculator says we are not an applicable large employer, do we have to offer coverage?
Generally, no, under the ACA employer shared-responsibility rules. Many employers still choose to offer a plan. This result is an estimate, not tax advice.
Do part-time employees count?
Yes, as full-time-equivalent employees, using monthly hours capped at 120 per person and divided by 120. The IRS states that an applicable large employer need not offer coverage to part-time employees to avoid a shared-responsibility payment.
We have two related companies with 30 people each. Are we under 50?
Not necessarily. Related employers under certain section 414 rules are generally combined for this test. Enter combined figures, or have a tax advisor apply the aggregation rules.
What is the seasonal-worker exception?
The IRS states that an employer is not considered to have more than 50 full-time employees, including equivalents, if the workforce exceeds 50 for 120 days or fewer during the calendar year and the employees in excess of 50 during that period are seasonal workers. The calculator will flag the question when your entries could meet that test; it will not decide seasonal status for you.
Is this the same math as the Small Business Health Care Tax Credit?
No. Form 8941 uses a different full-time-equivalent method. Use the tax credit calculator for that estimate.
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