ACA Penalties

The lowest ACA reporting penalty: $60 per form when corrected within 30 days.

If you file a correct return or furnish a correct statement within 30 days of the deadline, the penalty is $60 per return and $60 per statement, under Sections 6721 and 6722.

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The Tier

What the first tier costs.

$60 Per Return

The failure-to-file penalty under Section 6721 when the correct return is filed within 30 days of the required date.

$60 Per Statement

The failure-to-furnish penalty under Section 6722 when the correct statement reaches the employee within 30 days.

Up to $120 Per Form

One form that is both filed and furnished late but corrected in time costs $60 plus $60.

The Annual Caps

The most an employer pays in this tier.

Smaller Employers

$244,500 for employers with average annual gross receipts of $5 million or less, for returns due in 2027.

Larger Employers

$698,500 for employers over $5 million in gross receipts, for returns due in 2027.

2026 Returns

Returns due in 2026 carried caps of $239,000 and $683,000 in the same tier.

Same Amount Both Years

The per-return amount was $60 for returns due in 2026 and is $60 for returns due in 2027.

Common Questions

Quick answers.

Short answers. This is general information, not legal or tax advice.

What Starts the 30 Days?

The required filing or furnishing date. The tiers are measured from that date.

Is It Worth Rushing?

Yes. Waiting past 30 days raises the per-form amount to $130, and after August 1 to $340.

Can It Still Be Waived?

The IRS can waive a penalty for reasonable cause under Section 6724 and 26 CFR 301.6724-1.

Sources

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.

Rev. Proc. 2025-32

Sections 4.57 and 4.58: penalty amounts for returns due in 2027.

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IRS Publication 1586

Penalty tiers and annual caps for returns due in 2026.

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26 U.S.C. 6721

Failure to file correct information returns.

Read the Source

Let’s Get to Work

Send us your renewal.

We’ll tell you whether it looks competitive, where we see opportunity, and the five questions we’d put to your carrier. No cost, and no obligation to move anything.

What to send

The renewal letter
Your current plan summary
Contribution split by tier
Enrolled counts by tier

Four documents — two more if your group is 50 or more. Nothing else; every extra one is a reason to postpone.

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