Treasury & IRS Seek Public Input on Certain Employer Provisions of the Affordable Care Act

September 13, 2011 ( ? The Treasury Department and the Internal Revenue Service (IRS) are requesting public comment on a proposed affordability safe harbor for employers under the shared responsibility provisions included in the Affordable Care Act that will apply to certain employers starting in 2014.

Notice 2011-73 posted by the IRS solicits public input and comment on a proposed safe harbor, designed to make it easier for employers to determine whether the health coverage they offer is affordable. The Treasury and IRS expect to propose a safe harbor permitting employers that offer coverage to their employees to measure the affordability of that coverage by using wages the employer paid to an employee, instead of the employee?s household income. This contemplated safe harbor would only apply for purposes of the employer shared responsibility provision, and would not affect employees? eligibility for health insurance premium tax credits. 

There are three ways to submit comments:

•  e-mail to: Include ?Notice 2011-73? in the subject line. 

•  Mail to: Internal Revenue Service, CC:PA:LPD:PR (Notice 2011-73), Room 5203, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044.

•  Hand deliver to: CC:PA:LPD:PR (Notice 2011-73), Courier?s Desk, Internal Revenue Service, 1111 Constitution Avenue NW, Washington, DC, between 8 a.m. and 4 p.m., Monday through Friday. 

The deadline to submit comments is December 13, 2011.