CPABC in Focus September/October 2016 | Page 35

Employer mandate The employer is required to provide each full-time employee with a statement outlining their The employer mandate requires that large health-care offer and coverage on Form 1095-C on an annual basis. In addition, the employer employers2 offer coverage to their employees must file Form 1094-C with the IRS annually, and attach each Form 1095-C that has been prepared. and their dependants. If a large employer Failure to file these forms in a timely manner will result in information-reporting penalties. fails to offer 95% of its full-time employees the opportunity to enrol in MEC, it will face Acceptable health-care coverage penalties for failing to provide coverage.3 Acceptable health-care coverage includes US programs and eligible employer-sponsored group When determining whether an employer is a health plans. However, foreign group health insurance plans must satisfy specific requirements large employer, a controlled group test applies; in order to qualify as MEC; these requirements include the following: note, however, that only work performed in • The plan must be provided by an insurance company that is regulated by a foreign the US is considered when determining government; whether a company meets the large employer • The plan sponsor must notify the participants that the coverage is intended to be MEC; and threshold of 50 full-time (or equivalent) • The plan sponsor must file an annual return report with the IRS that details the plan and employees. Therefore, if a foreign employer the individuals covered under the plan (Forms 1094-B and 1095-B). has a large global workforce, the foreign employer would generally be exempt from It is worth noting that Canadian universal health care is not considered MEC for US purposes.4 4-7/8” x 4-3/4” 4. 875 4.75 the employer penalties, as employees who are living and working outside the US and who do not have US-sourced income would be excluded from the determination. During the term of the assignment, it is important to determine the identity of the employer. Under the “common law employer” standards, the IRS defines an employer as the entity that has the right to control and direct the individual who performs the services. This is a question of fact; typically, however, the employer will be the entity that is referred to in the employment or secondment agreement. US$2,000 multiplied by the number of 3 full-time employees, for any month in which coverage is not offered. Alternatively, if the coverage offered is not affordable and does not provide minimum value for utah778/iStock/Thinkstock an employee who then receives subsidized The name you TRUST, is now a TRUST COMPANY. Tailored succession planning and fiduciary services with the security of a regulated trust company. coverage, the penalty is 1/12 of US$3,000 each month for each such employee. As of June 1, 2016, the United States 4 Department of Health and Human Services, the agency responsible for approving plans as MEC, has not approved Canadian 604.674.7801 | [email protected] | cvtrustco.com Suite 850 – 1095 West Pender, Vancouver universal health care. CPABC in Focus • Sept/Oct 2016 35