Here's a brief summary from a local CPA firm:
Summary
Tax changes affecting small businesses in the health reform legislation.
The Supreme Court has recently upheld the Patient Protection and Affordable Care Act (often called Obamacare). Since this decision affects nearly all taxpayers, the J&R Tax Department thought it would be helpful to revisit some of the key tax changes affecting small businesses and their workers as a result of this new law. Whether a business will be affected by these changes depends on a variety of factors, such as the number of workers the business employs. Do not take any action based on this information without first consulting your Certified Public Accountant. Feel free to call our offices for details of how the new changes may affect your specific situation.
Again, this law affects nearly all taxpayers, including:
· employers, whose health plans are subject to new rules and who face a penalty beginning in 2014 for not offering adequate health coverage to employees;
· health care businesses, including health providers, insurers, pharmaceutical companies and medical device makers who face new taxes, fees and rules; and
· individuals, who face new penalties for inadequate health coverage and several changes to health-related individual tax rules.
Tax credits to certain small employers that provide insurance. The new law provides small employers with a tax credit (i.e., a dollar-for-dollar reduction in tax) for non-elective contributions to purchase health insurance for their employees. The credit can offset an employer's regular tax or its alternative minimum tax (AMT) liability.
Small business employers eligible for the credit. To qualify, a business must offer health insurance to its employees as part of their compensation and contribute at least half the total premium cost. The business must have no more than 25 full-time equivalent employees (“FTEs”), and the employees must have annual full-time equivalent wages that average no more
than $50,000. However, the full amount of the credit is available only to an employer with 10 or
fewer FTEs and whose employees have average annual full-time equivalent wages from the
employer of less than $25,000.
Years the credit is available. The credit is initially available for any tax year beginning in 2010,
2011, 2012, or 2013. Qualifying health insurance for claiming the credit for this first phase of
the credit is health insurance coverage purchased from an insurance company licensed under
state law. For tax years beginning after 2013, the credit is only available to an eligible small
employer that purchases health insurance coverage for its employees through a state exchange
and is only available for two years. The maximum two-year coverage period does not take into
account any tax years beginning in years before 2014. Thus, an eligible small employer could
potentially qualify for this credit for six tax years, four years under the first phase and two years
under the second phase.
Calculating the amount of the credit. For tax years beginning in 2010, 2011, 2012, or 2013, the
credit is generally 35% (50% for tax years beginning after 2013) of the employer's non-elective
contributions toward the employees' health insurance premiums. The credit phases out as firmsize
and average wages increase. Tax-exempt small businesses meeting these requirements are
eligible for payroll tax credits of up to 25% for tax years beginning in 2010, 2011, 2012, or 2013
(35% in tax years beginning after 2013) of the employer's non-elective contributions toward the
employees' health insurance premiums.
Special rules. The employer is entitled to an ordinary and necessary business expense deduction
equal to the amount of the employer contribution minus the dollar amount of the credit. For
example, if an eligible small employer pays 100% of the cost of its employees' health insurance
coverage and the amount of the tax credit is 50% of that cost (i.e., in tax years beginning after
2013), the employer can claim a deduction for the other 50% of the premium cost.
Self-employed individuals, including partners and sole proprietors, 2% shareholders of an S corporation, and five percent owners of the employer are not treated as employees for purposes of this credit. Any employee with respect to a self-employed individual is not an employee of the employer for purposes of this credit if the employee is not performing services in the trade or business of the employer. Thus, the credit is not available for a domestic employee of a sole proprietor of a business. There is also a special rule to prevent sole proprietorships from receiving the credit for the owner and their family members. Thus, no credit is available for any contribution to the purchase of health insurance for these individuals and the individual is not taken into account in determining the number of full-time equivalent employees or average full-time equivalent wages.
Most small businesses exempted from penalties for not offering coverage to their employees. Although the new law imposes penalties on certain businesses for not providing coverage to their employees (so-called “pay or play”), most small businesses won't have to worry about this provision because employers with fewer than 50 employees aren't subject to the “pay or play” penalty. For businesses with at least 50 employees, the possible penalties vary depending on whether or not the employer offers health insurance to its employees. If it does not offer coverage and it has at least one full-time employee who receives a premium tax credit, the business will be assessed a fee of $2,000 per full-time employee, excluding the first 30 employees from the assessment. So, for example, an employer with 51 employees who doesn't offer health insurance to his employees will be subject to a penalty of $42,000 ($2,000 multiplied by 21). Employers with at least 50 employees that offer coverage but have at least one full-time employee receiving a premium tax credit (also allowed under the new law) will pay $3,000 for each employee receiving a premium credit (capped at the amount of the penalty that the employer would have been assessed for a failure to provide coverage, or $2,000 multiplied by the number of its full-time employees in excess of 30). These provisions take effect Jan. 1, 2014.
The “Cadillac tax” on high-cost health plans. The new law places an excise tax on high-cost employer-sponsored health coverage (often referred to as “Cadillac” health plans). This is a 40% excise tax on insurance companies, based on premiums that exceed certain amounts. The tax is not on employers themselves unless they are self-funded (this typically occurs at larger firms). However, it is expected that employers and workers will ultimately bear this tax in the form of higher premiums passed on by insurers.
Here are the specifics: The new tax, which applies for tax years beginning after Dec. 31, 2017, places a 40% nondeductible excise tax on insurance companies and plan administrators for any health coverage plan to the extent that the annual premium exceeds $10,200 for single coverage and $27,500 for family coverage. An additional threshold amount of $1,650 for single coverage and $3,450 for family coverage will apply for retired individuals age 55 and older and for plans that cover employees engaged in high risk professions. The tax will apply to self-insured plans and plans sold in the group market, but not to plans sold in the individual market (except for coverage eligible for the deduction for self-employed individuals). Stand-alone dental and vision plans will be disregarded in applying the tax. The dollar amount thresholds will be automatically increased if the inflation rate for group medical premiums between 2010 and 2018 is higher than the Congressional Budget Office (CBO) estimates in 2010. Employers with age and gender demographics that result in higher premiums can value the coverage provided to employees using the rates that would apply using a national risk pool. The excise tax will be levied at the insurer level. Employers will be required to aggregate the coverage subject to the limit and issue information returns for insurers indicating the amount subject to the excise tax.
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How I interpret this is consult your CPA, Attorney, and Insurance Agent to insure you and your business are are appropriately positioned..............
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