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Compliance

ACA penalties: what actually triggers them

Penalties rarely arrive because an employer chose not to offer coverage. They arrive because someone was not counted as full-time, a threshold moved, or two codes on a form contradicted each other.

Compliance8 min read

ACA penalties do not arrive because an employer decided not to offer coverage. They arrive because a full-time employee was not identified as full-time, because a plan crossed an affordability threshold nobody rechecked, or because a code on a form contradicted another code on the same form.

The amounts are also not small, and they went up meaningfully for 2026.

The 2026 penalty amounts

$3,340
Per full-time employee, per year — the §4980H(a) penalty, applied to your total full-time count minus the first 30.
IRS Rev. Proc. 2025-26 · $278.33/month
$5,010
Per full-time employee who receives subsidized Marketplace coverage — the §4980H(b) penalty.
IRS Rev. Proc. 2025-26 · $417.50/month

Both rose sharply from 2025, when the amounts were $2,900 and $4,350 respectively. The increase is an indexing adjustment tied to the premium adjustment percentage, published annually.

Source: IRS Revenue Procedure 2025-26, effective for taxable years and plan years beginning after December 31, 2025.

Which penalty applies, and why it matters

These are two different failures with very different arithmetic, and the distinction is worth understanding before assuming your exposure is limited.

§4980H(a)§4980H(b)
Triggered byFailing to offer minimum essential coverage to at least 95% of full-time employees and their dependentsOffering coverage that is not affordable or does not provide minimum value
Applies toYour entire full-time headcount, minus the first 30Only the specific employees who received a premium tax credit
2026 amount$3,340 per employee per year$5,010 per employee per year
Also requiresAt least one full-time employee receiving a premium tax creditThe affected employee receiving a premium tax credit
Practical effectScales with company size — potentially very largeScales with the number of affected employees
Why (a) is the one to worry about

The (b) penalty is per affected employee. The (a) penalty is calculated against your entire full-time population minus 30 — regardless of how many employees were actually offered coverage. A 200-employee organization that misses the 95% threshold is looking at 170 × $3,340, not a handful of individual assessments.

What actually triggers them

Full-time status miscounted

A full-time employee is someone with at least 30 hours of service per week, or 130 hours in a month. That sounds simple and is where a great deal of exposure originates — variable-hour employees, seasonal staff, employees who crossed the threshold quietly, and hours of service that include paid leave.

The 95% test is applied against the count of employees who were full-time, not the count you thought were full-time.

Affordability drifted

For plan years beginning in 2026, coverage is affordable if the employee’s required contribution for the lowest-cost self-only minimum-value plan does not exceed 9.96% of household income — up from 9.02% for 2025. Because employers do not know household income, the IRS provides three safe harbors: federal poverty line, rate of pay, and W-2.

The failure mode is straightforward. Contribution rates get set at renewal, the threshold changes, and nobody rechecks the math against the new percentage. A plan that was affordable last year is not automatically affordable this year.

Source: IRS Revenue Procedure 2025-25 (affordability percentage for plan years beginning in 2026).

Reporting codes contradict each other

Forms 1095-C carry offer-of-coverage codes on line 14 and safe harbor codes on line 16. Those codes have to tell a consistent story. Reporting a qualifying offer without a corresponding safe harbor code, or claiming a safe harbor for an employee who was never offered coverage, creates a contradiction that automated IRS review is built to catch.

The 95% box on Form 1094-C

Part III of the authoritative Form 1094-C includes a column indicating whether minimum essential coverage was offered to at least 95% of full-time employees each month. Leaving it unchecked when it should be checked is read as a statement that you did not meet the threshold — which is precisely what triggers the (a) penalty.

The reporting obligations

Applicable large employers — generally those averaging 50 or more full-time and full-time-equivalent employees in the prior calendar year — have annual filing and furnishing obligations separate from the coverage requirement itself.

  • Furnish Form 1095-C to employees. The statutory January 31 date carries a permanent 30-day extension, which puts the deadline in early March. For the 2025 tax year it fell on March 2, 2026.
  • File Forms 1094-C and 1095-C with the IRS. Electronic filing is due March 31. Electronic filing is mandatory for any employer filing 10 or more information returns in aggregate — counting W-2s and 1099s alongside 1095-Cs, which captures nearly every ALE.
  • Meet state obligations separately. California, New Jersey, Rhode Island and Washington DC maintain their own reporting requirements and their own deadlines. Federal compliance does not satisfy them.

One change worth knowing: employers are no longer required to automatically mail Form 1095-C to every full-time employee. A notice posted on your website stating that the form is available on request satisfies the requirement, provided it is posted by the furnishing deadline, remains available through October 15, and forms are provided within 30 days of a request.

The alternative furnishing method has a state-level limit

It does not override state mandates. Employees living in states with direct furnishing requirements — California, New Jersey and Rhode Island among them — still need to receive their forms. Multi-state employers cannot apply the notice method uniformly.

If a penalty notice arrives

The IRS proposes employer shared responsibility payments through Letter 226-J, which includes Form 14764 for responding. For proposed assessments issued on or after January 1, 2025, employers have at least 90 days to respond.

A proposed assessment is not a final determination. A meaningful share of them trace back to reporting errors rather than actual coverage failures — a miscounted full-time population, a coding contradiction, an unchecked box. Those are arguable, but only with the underlying data to support the argument, which is why the records matter more than the response letter.

ACA tracking and filing support covers the measurement and documentation side as well as the filing itself — because the defensibility of a filing is established long before the form is submitted.

What to check now

  • Whether your affordability calculation has been rerun against 9.96% for plan years beginning in 2026, rather than carried over from last year.
  • Whether variable-hour and seasonal employees are being measured correctly, and whether anyone crossed into full-time status without being offered coverage.
  • Whether your 1095-C line 14 and line 16 codes are internally consistent.
  • Whether the 95% box on the authoritative 1094-C reflects reality for every month.
  • Whether employees in California, New Jersey, Rhode Island or DC are being handled under those states’ rules rather than the federal notice method.
The short version
  • For 2026 the penalties are $3,340 and $5,010 per full-time employee — up from $2,900 and $4,350 in 2025 (IRS Rev. Proc. 2025-26).
  • The §4980H(a) penalty applies to your entire full-time count minus 30, not just affected employees. That is the one that scales.
  • Affordability moved to 9.96% for plan years beginning in 2026. A plan that was affordable last year is not automatically affordable now.
  • Most penalty notices trace to measurement and reporting errors rather than deliberate coverage failures.
  • State reporting obligations are separate, and the federal notice-on-website method does not satisfy them.

Common questions

For calendar year 2026 the §4980H(a) penalty is $3,340 per full-time employee per year ($278.33 per month), applied to the total full-time count minus the first 30. The §4980H(b) penalty is $5,010 per year ($417.50 per month) for each full-time employee who receives subsidized Marketplace coverage. Both figures come from IRS Revenue Procedure 2025-26.
9.96% for plan years beginning in 2026, up from 9.02% in 2025 (IRS Revenue Procedure 2025-25). Coverage is affordable if the employee's required contribution for the lowest-cost self-only minimum-value plan does not exceed that percentage of household income, or satisfies one of the three safe harbors.
Applicable large employers — generally those averaging 50 or more full-time and full-time-equivalent employees during the prior calendar year. Self-insured employers of any size also have reporting obligations.
Not federally. Posting a clear notice that the form is available on request satisfies the requirement, provided the notice is up by the furnishing deadline, stays available through October 15, and forms are provided within 30 days of a request. Several states still require direct furnishing, so multi-state employers cannot apply it uniformly.
The IRS issues Letter 226-J with Form 14764 for the response. For proposed assessments issued on or after January 1, 2025, employers have at least 90 days to respond. A proposed assessment is not final, and many trace to reporting errors rather than actual coverage failures.

Not sure where your ACA exposure sits?

Tell us how you are measuring full-time status and when affordability was last rechecked. That usually surfaces the answer quickly.

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