IRS Issues Proposed Rules on Employer Shared Responsibility for Health Insurance Coverage

On December 28, the Internal Revenue Service (IRS) issued proposed regulations that that provide guidance on large employers’ shared responsibility for employee health insurance coverage under Internal Revenue Code section 4980H.  The proposed regulations provide definitions and rules for determining status as an applicable large employer and applicable large employer member, for determining full-time employees, for determining assessable payments under section 4980H(a), for determining whether an employer is subject to assessable payments under section 4980H(b), and for administering and assessing payments under section 4980H.

Comments are due by March 18, 2013.

  • The proposed regulations are on the IRS website.
  • Comments on the final rule can be submitted to the IRS electronically via (REG-138006-12).
  • The Office of Advocacy contact is Assistant Chief Counsel Dillon Taylor, phone (202) 401-9787.
  • To learn more, visit, the federal government’s one stop site to comment on federal regulations.
  • For more information on Regulatory Alerts please see the Office of Advocacy webpage.
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