The middle ACA reporting penalty: $130 per form when corrected after 30 days but by August 1.
If the correct return is filed after the first 30 days but on or before August 1, the penalty is $130 per return and $130 per statement.
What the second tier costs.
$130 Per Return
The Section 6721 amount when the correct return is filed after 30 days and on or before August 1.
$130 Per Statement
The Section 6722 amount for the same window on payee statements.
Up to $260 Per Form
A form that is late both to the IRS and to the employee carries both.
The most an employer pays in this tier.
Smaller Employers
$698,500 for employers with average annual gross receipts of $5 million or less, for returns due in 2027.
Larger Employers
$2,095,500 for employers over $5 million in gross receipts, for returns due in 2027.
2026 Returns
Returns due in 2026 carried caps of $683,000 and $2,049,000 in this tier.
Same Per-Form Amount
The per-return amount was $130 for returns due in 2026 and remains $130 for 2027.
Quick answers.
Short answers. This is general information, not legal or tax advice.
Why August 1?
The statute sets a cutoff date for the intermediate tier, after which the full penalty applies.
Is It Better Than Waiting?
Yes. Filing by August 1 saves $210 per return and $210 per statement compared with the top tier.
Can We Still Ask for a Waiver?
Yes. Reasonable cause under Section 6724 can apply at any tier.
Where the rules and figures come from.
Each figure on this page comes from the source below. Amounts are indexed or updated over time, so confirm current figures before relying on them.
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