1. An overview of the
administrative and tax
requirements of the Law…
2010…
2011…
2012…
2013…
2014…
2015…
2016…
2017…
2018…
» The Patient Protection and
Affordable Care Act
Joel A. Flinchbaugh, CPA
Member of the Firm
Smith Elliott Kearns & Company, LLC
Jflinchbaugh@sek.com
www.SEK.com
SMITH ELLIOTT KEARNS & COMPANY, LLC WWW.SEK.COM
3. President Obama Signs law
March 23, 2010
now what???
SMITH ELLIOTT KEARNS & COMPANY, LLC WWW.SEK.COM
4. 35% tax credit applicable for:
• Businesses with less than 25 FTE employees &
average wages less than $50,000.
• Credit reduced as # of employees exceeds 10 and
average wage exceeds $25K.
Small Business Health Insurance Credits Begin
SMITH ELLIOTT KEARNS & COMPANY, LLC WWW.SEK.COM
2010
5. Tax applicable for services rendered after July 1,
2010.
10% Excise Tax on Indoor Tanning Services
SMITH ELLIOTT KEARNS & COMPANY, LLC WWW.SEK.COM
2010
7. • Over the counter drugs NO LONGER qualify.
• Non-qualified distributions subject to 20%
penalty vs. 10% under old law.
Modifications to qualified expenses from FSA’s,
HSA’s, and HRA’s and increased penalties.
SMITH ELLIOTT KEARNS & COMPANY, LLC WWW.SEK.COM
2011
8. Medical Loss Ratio Limits Begin
• Small group and individual insurers-80%.
• Large group-85%.
• Excess premiums must be refunded.
SMITH ELLIOTT KEARNS & COMPANY, LLC WWW.SEK.COM
2011
10. Reporting of Health Insurance on W-2
• Employers issuing more than 250 W-2’s required
to report health benefits on W-2
• Still waiting for final regulations regarding
companies with less than 250
• Not taxable – just information
SMITH ELLIOTT KEARNS & COMPANY, LLC WWW.SEK.COM
2012
11. Summary of Benefits Required
• Renewals on or after 9/23/12
• Notice of change in benefits must be provided 60
days before change
• Insurance company should be providing this
reporting for employers
SMITH ELLIOTT KEARNS & COMPANY, LLC WWW.SEK.COM
2012
12. Employers Begin to Receive MLR rebates
• Can be used to offset future premiums.
• If employees contribute to premiums, they must
receive proportionate share of rebate.
SMITH ELLIOTT KEARNS & COMPANY, LLC WWW.SEK.COM
2012
14. Increased Medicare Tax (Hospital Insurance Tax)
• .9% of wages in excess of…
• $200,000 if single.
• $250,000 MFJ.
• Employers MUST withhold on wages paid in
excess of $200,000 to individual.
SMITH ELLIOTT KEARNS & COMPANY, LLC WWW.SEK.COM
2013
15. Unearned Income Medicare Contribution Surtax
• 3.8% on lessor of:
• Net investment income or
• Excess of modified AGI over $200/S, $250/MFJ.
• Investment income (interest, dividends, royalties,
rents, sale of passive activity, passive activity).
SMITH ELLIOTT KEARNS & COMPANY, LLC WWW.SEK.COM
2013
16. Increased Threshold for Deducting Medical Expenses
• Threshold raised to 10% of AGI.
• If over 65 - 7.5% limit still applies through
December 31, 2017.
SMITH ELLIOTT KEARNS & COMPANY, LLC WWW.SEK.COM
2013
17. Flexible Spending Account Limits
• Annual limit of $2,500 for contributions to
flexible spending accounts.
• No impact on premium or dependent care.
SMITH ELLIOTT KEARNS & COMPANY, LLC WWW.SEK.COM
2013
18. 2.3% Excise Tax on Medical Device Manufacturers
• Exemptions
• Eyeglasses.
• Contacts.
• Any device generally purchased by the public at
retail.
SMITH ELLIOTT KEARNS & COMPANY, LLC WWW.SEK.COM
2013
19. Patient Centered Outcomes Research Institute Fee - PCOR
• Assessed on medical plans – usually paid by
carrier.
• Employer may be subject with any type of self
insurance.
• $1 per covered life, increasing to $2 than indexed
with inflation.
SMITH ELLIOTT KEARNS & COMPANY, LLC WWW.SEK.COM
2013
20. Notice of Coverage- Due 10/1/13
• Employers required to provide
• Must include:
• Description of services offered on Exchange
• Potential eligibility for premium credit
• Info about impact of purchasing through Exchange
SMITH ELLIOTT KEARNS & COMPANY, LLC WWW.SEK.COM
2013
22. Individual Mandate
• Maintain “minimum essential coverage” or:
• 2014 - Penalty (Tax) greater of 1% of household
income OR $95 per uninsured
• 2015 – Penalty (Tax) greater of 2% of household
income or $325 per uninsured
• Penalty Cap of $2,250 per household
• There are some exceptions to the penalty
SMITH ELLIOTT KEARNS & COMPANY, LLC WWW.SEK.COM
2014
23. “Tax Credits” for Individuals Purchasing Through Exchange
• A subsidy for purchasing insurance through the
Exchange.
• For people with income above Medicaid limits,
but below 400% of federal poverty level.
SMITH ELLIOTT KEARNS & COMPANY, LLC WWW.SEK.COM
2014
24. Expansion of small business Health Insurance Credit
to a 50% credit for small businesses who purchase
insurance through SHOP (Exchange).
Small Business Health Insurance Credits
SMITH ELLIOTT KEARNS & COMPANY, LLC WWW.SEK.COM
2014
26. Pay or Play Employer Mandate
Employers with 50 or more FTE employees must
either offer health insurance, or pay a penalty
• $2,000/employee, but first 30 are not counted
• Still subject to penalty even if coverage is
offered, but employee receives tax credit
SMITH ELLIOTT KEARNS & COMPANY, LLC WWW.SEK.COM
2015
28. States May Allow Larger Employers to buy on Exchange
• Businesses with more than 100 employees may
be able to purchase insurance in the SHOP
SMITH ELLIOTT KEARNS & COMPANY, LLC WWW.SEK.COM
2017
30. Excise Tax on “Cadillac” Plans
• 40% Excise tax on plans with costs exceeding:
• $10,700 for individuals
• $27,500 for family
SMITH ELLIOTT KEARNS & COMPANY, LLC WWW.SEK.COM
2018