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IRS FAA: Assessment of Employer Shared Responsibility Payment Not Subject to Any Statute of Limitations (IRC §4980H)

Feb. 21, 2020, 5:00 AM

Employer Shared Responsibility Payment (ESRP) imposed by tax code Section 4980H is not subject to any statute of limitations on assessment because there is no tax refund filed to report an employer’s liability for the ESRP, the Chief Counsel’s Office advised. Anything that an applicable large employer (ALE) is liable to pay under Section 4980H is called the Employer Shared Responsibility Payment. The Chief Counsel’s Office stated that Section 4980H creates two separate assessable payments for ALEs, one applicable when coverage is not offered and one when essential minimum coverage is provided, but not considered affordable, for...

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