Does the ACA affordability test apply to employers with fewer than 50 employees?
The employer shared responsibility rules apply to applicable large employers, meaning 50 or more full-time equivalent employees. Smaller employers are not subject to the payment, but the same percentage can be a useful benchmark when you set contributions. Check your headcount with your adviser, because the count includes part-time hours.
The details are below. Send us your renewal and we will give you a second opinion in writing.
The short answer, in three parts.
Who is covered
Applicable large employers, with 50 or more full-time equivalent employees on average.
Counting
Full-time equivalents include part-time hours, so the count can be higher than your full-time headcount.
Smaller employers
Not subject to the payment, but the percentage is a useful benchmark for contribution decisions.
Keep reading.
The 2027 ACA Affordability Percentage: Employer Guide
What the IRS changed for 2027 and what to check before open enrollment. Back to the guide.
Where these figures and rules come from.
Figures and rules
IRS Rev. Proc. 2026-26 (2027 affordability percentage of 10.22%, up from 9.96% for 2026) and Rev. Proc. 2026-22 (2027 employer shared responsibility payment amounts). IRC §4980H; 26 CFR §54.4980H-5(e). This page is general information, not legal or tax advice.
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