Small businesses with employees will be impacted by the new Affordable Care Act (ACA) of 2010.  The impact range from tax penalties to increase payroll taxes.  Listed below are the provisions of the new law that have the most impact on small businesses with employees.

 

Employer Mandate

Sec.1513
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The employer Mandate is also called Employer Responsibility.

The employer mandate requires that employers with fifty(50) or more full-time employees to provide health care coverage to their employees or pay a penalty.

A business with fifty(50) or more employees that do not offer them health care insurance will be fined $2,000 per employee.  The fine will be calculated on the total number of employees minus thirty(30).  For example, a business with 60 employees will be fined as such, $2,000 x (60-30) = $60,000.

The mandate will add $1.79 or more per hour to the cost of a full-time employee.  Employers who chose not to provide the mandated coverage will see their labor cost go up above 98 cents per hour.
Automatic Enrollment
Sec.1511
See the entire law

Employers with more than 200 full-time employees must automatically enroll their employees into health care plans.  Employees can opt out, but employers cannot.
Employer Voucher/Free Choice Voucher
Employers will be allowed to offer their lower paid employees vouchers that they can use to get insurance on a state exchange that they can afford. 

This provision was repealed in April 2011.
Small Business Tax Credit
Sec.1421
See the entire law

This program will end in 2016.

According to the IRS small businesses with 25 or less employees with an average salary of $50,000 or less can earn credits if they provide at least 50% coverage of the premium for their employees.  The credit is 35% of the employer's cost.

See the IRS web page on Small Business Tax Credit.
Part-Time Workers
Sec. 1513
See the entire law

The act defines part-time workers as those working fewer than 30 hours a week.  However, since Section 1513 of the law gives the HHS Secretary the power to define what is part-time work the definition can change.

Small Business Health Insurance Options Program (SHOP)

Sec.1311
See the entire law

SHOP Marketplace

SHOP is a health insurance exchange for businesses with 50 or less employees.  Small businesses will be allowed to buy health insurance through SHOP. 

Starting in 2017 states will be allowed to open SHOP to larger businesses.

Starting in 2014 small businesses will be able to get tax credits through SHOP.

Mini-Med Plans
Sec.2711
See the entire law

Effective September 2010.

Mini-med plans caps what an insurer has to pay out if you get sick.  There is an annual cap and a lifetime cap.  Annual caps will be raised to $2 million in September 2012 and eliminated in January 2014.

Mini-meds were used by small businesses to lower the cost of providing health care to their employees.  This enabled themt o offer top managers or valued employees with fancier health care insurance.

Under the new law the same plan must be offered to all employees.
Employer Sponsored Insurance
Sec.9001
See the entire law

The ACA amended the Internal Revenue Code of 1985 to impose a 40% tax on any excess coverage for employer sponsored insurance.

Medicare Tax Hike

Sec.9015
See the entire law

Currently the Medicare Tax rate is 2.9% with both employer and employee paying 50% each (or 1.45% each).  The employer contribution will remain unchanged, but high earning employees will see an increase of 2.35%.  High earners are individuals who earn more than $200,000 a year and couples who earn more than $250,000 per year.

Medicare tax on unearned income will rise to 3.8%.  Unearned income includes investments such as stocks, bonds, real estate, dividends, etc.   Under certain circumstances the sale of your primary residence could fall into this category.  This tax is applied in addition to capital gains tax. 

Visit the IRS Q&A web page on Medicare Tax.

See the IRS proposed Regulation.

Tanning Salon Tax
The IRS
See the entire law

According to the IRS beginning 1 July 2010 businesses offering indoor tanning services are required to collect a 10% excise tax on the tanning service they provide.  The tax must be filed quarterly on IRS Form 720.  Service providers should collect the 10% tax at the time the purchaser pays for the service.

The tax must be filed:
- April 30
- July 31
- October 31
- January 31

Pharmaceutical Tax Hike

Sec.9008
See the entire law

According to the IRS the ACA created an annual fee payable beginning in 2011 by certain manufacturers and importers of branded name pharmaceuticals.  See temporary regulations issued by the IRS.

Medical Device Tax Hike

Sec.9009
See the entire law

A 3% tax hike will be imposed on the manufacture or importation of medical devices.
Health Insurance Companies Tax Hike/Cadillac Plan Tax
Sec.9010
See the entire law

This tax goes into effect in 2018.

A 40% tax rate will be imposed on insurance companies that sell health plans that cost more than $16,300 for an individual or $27,500 for a family.
National Labeling
Sec. 4205
See the entire law

The law will require all chain restaurants with 20 or more locations and vending machine operators to post caloric information next to every food or beverage items.
Breast Feeding Allowance
Sec.4207
See the entire law

The new law amends the Fair Labor Standards Act of 1938 to force employers to provide a reasonable break time and a place other than a bathroom that is shielded from view and free from intrustion in order for mothers to breast feed their new born for up to one year.
W-2 Reporting
The IRS
See the entire law

According to the IRS employers have to start reporting their contribution as well as the contribution by their employees onthe W-2 form in Box 12 (with Code DD to identify the amount).
Employee Notification
Sec.1512
See the entire law

The new law amends the Fair Labor Standards Act of 1938 to require employers to notify their employees of coverage options available to them through the Marketplace (Exchanges).

Visit the Department of Labor (DOL) web page to information and forms to use in providing that notification.