The 4980H(b) payment applies only to the specific full-time employees who receive a subsidy, and the total can never exceed what the (a) payment would have been.
The employer offered coverage to at least 95% of full-time employees, but the coverage for a particular employee was not affordable or did not provide minimum value, and that employee received a premium tax credit.
Ten subsidized employees in 2027 means 10 × $5,670 = $56,700. The 2027 annual amount under Rev. Proc. 2026-22 is $5,670 per employee.
The (b) total can never exceed the (a) amount computed on the full-time headcount, so a large group with few subsidized employees pays far less than under (a).
Sources: 26 CFR § 54.4980H-5; 26 U.S.C. § 4980H. General information, not legal advice.
An employer offers coverage to 98% of its full-time employees, but the employee share for three of them was above the affordability line, and those three receive premium tax credits.
The (a) payment does not apply because the 95% test is met. The (b) payment applies for the three subsidized employees only: 3 × $5,670 = $17,010 for 2027. The total can never exceed what the (a) payment would have been.
Use a safe harbor for each full-time employee.
Confirm the plan meets it.
Identify who might be subsidized.
Bring contributions within the line for 2027.
Where it goes wrong. Using one affordability number for everyone when the lowest-cost self-only option differs by location or class.
Self-only coverage is affordable if the employee’s share of the lowest-cost option does not exceed 9.96% of income for 2026 or 10.22% for 2027, measured with a safe harbor.
The IRS tells employers through letters after reviewing Marketplace data and employer filings.
$5,010 per employee, under Rev. Proc. 2025-26.
Yes. It applies only to full-time employees who receive a subsidy.
Through an IRS letter after it reviews filings and Marketplace data.
Plan-specific questions belong with ERISA counsel, and we will bring them in.
For each full-time employee and each month, Forms 1094-C and 1095-C report whether an offer of coverage was made, what it cost the employee, and which relief applies.
Instead of mailing every 1095-C, an employer may post a notice that employees can request one, up by March 2 and kept through October 15, and furnish a requested form within 30 days.
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