--- title: "No Relief and No Exceptions: ACA Penalties Still in Full Force" description: While the IRS provided relief through 2020, now when employers file late or incorrect ACA information it could cost employers a hefty IRS penalty.  image: https://blog.axcethr.com/hubfs/ACA%20Penalties%20Still%20in%20Full%20Force%201200x628.webp --- - [Client Portal](https://www.axcethr.com/client-services/) - [Employee Login](https://www.axcethr.com/client-services/) [![AxcetHR Solutions Blog](https://blog.axcethr.com/hubfs/AxcetHR2021%20Blog/axcethr_logo_white%20(1).png)](https://www.axcethr.com/) - [About Us](https://www.axcethr.com/about-us/) - [Corporate Philantropy](https://www.axcethr.com/about-us/corporate-philanthropy/) - [Meet the Team](https://www.axcethr.com/about-us/meet-the-team/) - [Values and Culture](https://www.axcethr.com/about-us/values-and-culture/) - [Kansas PEO](https://www.axcethr.com/about-us/kansas-peo/) - [Missouri PEO](https://www.axcethr.com/about-us/missouri-peo/) - [Careers](https://axcethrsolutions.prismhr-hire.com/) - 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- - - [whatsapp://send?text=https://blog.axcethr.com/no-relief-and-no-exceptions-aca-penalties-still-in-full-force](whatsapp://send?text=https://blog.axcethr.com/no-relief-and-no-exceptions-aca-penalties-still-in-full-force) - [mailto:?subject=No%20Relief%20and%20No%20Exceptions:%20ACA%20Penalties%20Still%20in%20Full%20Force&body=https://blog.axcethr.com/no-relief-and-no-exceptions-aca-penalties-still-in-full-force](mailto:?subject=No%20Relief%20and%20No%20Exceptions:%20ACA%20Penalties%20Still%20in%20Full%20Force&body=https://blog.axcethr.com/no-relief-and-no-exceptions-aca-penalties-still-in-full-force) ![ACA Penalties Still in Full Force](https://blog.axcethr.com/hs-fs/hubfs/ACA%20Penalties%20Still%20in%20Full%20Force.webp?width=1200&name=ACA%20Penalties%20Still%20in%20Full%20Force.webp) As the IRS ramps up enforcement of the Affordable Care Act’s[employer shared responsibility provisions](https://www.irs.gov/affordable-care-act/employers/questions-and-answers-on-employer-shared-responsibility-provisions-under-the-affordable-care-act) after the expiration of good-faith relief from corresponding penalties, a few conditions have changed for applicable “large employers” (ALEs). These companies, defined as those with at least 50 full-time employees who worked an average 30 or more hours per week during the previous calendar year, should ensure they meet information reporting requirements (by filing[1094-C and 1095-C forms](https://www.irs.gov/pub/irs-pdf/i109495c.pdf) for every full-time employee).   The IRS provided relief for tax years 2015 through 2020 as a “transitional” measure. Now, filing late or incorrect ACA information could, without exceptions, cost employers a hefty IRS penalty.  RELATED: [Small Businesses, Health Insurance and the PEO Option >>](https://blog.axcethr.com/small-businesses-health-insurance-and-the-peo-option) ## How To Remain Compliant with ACA Employer Mandate Under the ACA Employer Mandate, ALEs that fail to provide full-time workers with adequate, “affordable” (as defined by the IRS; see below) health coverage are subject to fines or employer shared-responsibility payments (ESRPs).   The[IRS](https://www.irs.gov/irb/2021-35_IRB#REV-PROC-2021-36) lowered the 2022 affordability threshold, also known as the shared-responsibility affordability percentage or cost-sharing limit. That means the maximum cost for an employer-sponsored plan that only covers the employee is now lower.   To stay compliant, ALEs must now provide at least one self-only coverage option for less than 9.61% of an employee’s wages. ALEs meet 2022 affordability requirements if they offer a self-only plan for:  - A maximum monthly employee contribution of less than $103.14 (based on the U.S. federal poverty level of $12,880 in annual income), or  - 9.61% of either an employee’s W-2 wages or hourly rate of pay.  [![Small Businesses Health Insurance and the PEO Option](https://no-cache.hubspot.com/cta/default/2652187/2464a529-02f7-44b9-af7a-8ba9e2a64257.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/2464a529-02f7-44b9-af7a-8ba9e2a64257) ## ACA Penalty for Non-Compliance Because the affordability percentage decreased this year, employers must make changes accordingly to avoid ending up with an unaffordable, non-compliant plan – even though that same plan was considered affordable last year and no other plan changes occurred.   ACA 2022 penalties, or ESRPs, on the other hand, are higher this year than last. ### These fines are assessed when: - [An ALE does not offer minimum essential coverage](https://www.irs.gov/affordable-care-act/employers/minimum-value-and-affordability) to at least 95% of its full-time employees in any given month and when at least one full-time employee receives a premium tax credit to help pay for coverage through the ACA marketplace. Non-compliance will cost ALEs $2,750 per full-time employee minus 30 (the first 30 employees are not counted) in Section 498H(a) penalties.   Those numbers can add up fast. An employer with 75 full-time workers, for example, would pay $123,750 in penalties for not offering health insurance to its full-time staff and if at least one full-time employee buys tax-subsidized health insurance through the marketplace exchange (75 - 30 x $2,750).  - When an ALE does not offer minimum essential coverage that is “affordable” (as described above) and provides “[minimum value](https://www.irs.gov/affordable-care-act/employers/minimum-value-and-affordability)”. Additionally, the employee must decline non-compliant coverage and instead enroll in subsidized coverage on the ACA marketplace exchange. For the 2022 tax year, the Section 498H(b) penalty for every employee not offered affordable coverage is $343.33 per employee, per month.  RELATED: [Seasonal Employees and ACA Compliance >>](https://blog.axcethr.com/seasonal-employees-and-aca-compliance) Business owners who leverage a trusted[certified professional employer organization](https://blog.axcethr.com/certified-professional-employer-organizations-cpeo-what-are-they-and-why-does-certification-matter) (CPEO), don’t have to worry about complex ACA reporting or costly penalties. That’s one of the biggest benefits of working with a CPEO like Axcet HR Solutions. We apply best practices to ensure our clients’ reporting is accurate and filed on time and that their health plans meet all ACA requirements.  RELATED: [Self-Funded Health Insurance May Cost More Than It Saves; Risk and ACA Non-Compliance Penalties Can Add Up >>](https://blog.axcethr.com/self-funded-insurance-may-cost-more-than-it-saves-risk-aca-non-compliance-penalties-can-add-up) ## [![Axcet HR Solutions Employee Benefits Services Web Page. Image says 'comprehensive employee benefits. attract talent, retain employees, simplify administration'](https://no-cache.hubspot.com/cta/default/2652187/interactive-184988497925.png)](https://blog.axcethr.com/hs/cta/wi/redirect?encryptedPayload=AVxigLIwuzef7oL5wSmqfgEm71ikR1i%2BeyYHaS5euJ9gBlWANvSG7TpMTNSZw7bt%2FU52xm3n84g2wUfhsM2t3LLpKdn48ZWUNY3xIrdEVtVpYGYsfJH8bq1JbLtx3CJmiXxq097iWu3qdqxsj3mZKdTvuVW2lyDKTkPFiL9xY%2BYlcGWNh4oObY5%2FHWU1cHfMuzNfExgyGA4vJLbzVcyVjKyw7vYP7B55SMpurQSIOhB2bAk5EgkjHaSmvaic3cvXp3bu67pnzIawdjXgDQ%3D%3D&webInteractiveContentId=184988497925&portalId=2652187) ## Avoid Costly ACA Penalties with Expert HR Support The Affordable Care Act (ACA) continues to impose significant penalties on employers who fail to meet its requirements. As highlighted in our recent post, "No Relief and No Exceptions: ACA Penalties Still in Full Force," non-compliance can lead to substantial financial consequences. Staying abreast of the latest ACA regulations and ensuring accurate reporting is crucial for businesses to avoid these penalties. At Axcet HR Solutions, we specialize in helping small and mid-sized businesses navigate the complexities of ACA compliance. Our team of certified HR professionals can assist you in understanding your obligations, maintaining accurate records, and submitting timely reports to the IRS. By partnering with Axcet, you can focus on growing your business while we handle the intricacies of ACA compliance. **Don't let ACA compliance challenges hinder your business. [Schedule a consultation with Axcet HR Solutions today](https://www.axcethr.com/schedule-consultation/) to ensure you're meeting all requirements and avoiding unnecessary penalties.** [![PEO small business employee benefits](https://no-cache.hubspot.com/cta/default/2652187/db22d902-d10d-4bc1-b684-4c8856b86c66.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/db22d902-d10d-4bc1-b684-4c8856b86c66) [![Mariah Collins, SHRM-SCP](https://blog.axcethr.com/hs-fs/hubfs/Mariah_DSC6768-Edit.jpg?width=80&height=80&name=Mariah_DSC6768-Edit.jpg)](https://blog.axcethr.com/author/mariah-collins) Written by #### [Mariah Collins, SHRM-SCP](https://blog.axcethr.com/author/mariah-collins) Mariah Collins, SHRM-SCP, is a Human Resources Consultant at Axcet HR Solutions, specializing in people management, process improvement, and project management. With a strong background in payroll, benefits, and employee relations, she brings over four years of experience in providing HR solutions to small businesses. Mariah holds a Bachelor of Business Administration in Human Resources from Emporia State University and is known for her expertise in helping businesses streamline HR processes while ensuring compliance. Her contributions to the Axcet blog reflect her deep understanding of HR challenges and her commitment to supporting small business owners. Read more [View all posts →](https://blog.axcethr.com/author/mariah-collins) ### Get HR Updates ### Table of Contents ### Related Resources - [services Small Business Health Insurance](https://www.axcethr.com/services/employee-benefits/) - [services small business health insurance program options](https://www.axcethr.com/services/employee-benefits/employee-benefits-details/) #### [A Safer Workplace: Kicking Office Hazards to the Curb ![how to kick workplace safety hazards to the curb](https://blog.axcethr.com/hubfs/workplace%20safety%20kicking%20office%20hazards%20to%20the%20curb.webp)](https://blog.axcethr.com/a-safer-workplace-kicking-office-hazards-to-the-curb) #### [![how to complete the EEO-1 report](https://blog.axcethr.com/hubfs/HR-Consultant-at-Axcet-HR-Solutions-PEO-Kansas-City-_1200-%C3%97-628-px_%20(1).webp) EEO-1 Reporting Instructions: A Brief Guide](https://blog.axcethr.com/eeo-1-reporting-instructions-a-brief-guide) ## Let us know what you think... ![AxcetHR Blog](https://blog.axcethr.com/hubfs/AxcetHR2021%20Blog/axcethr_logo_white%20(1).png) - [Why Axcet](https://www.axcethr.com/why-axcet/) - [What We Stand For](https://www.axcethr.com/about-us/what-we-stand-for/) - [Expertise](https://www.axcethr.com/expertise/) - [Employee Benefits](https://www.axcethr.com/services/employee-benefits/) - [Human Resources](https://www.axcethr.com/services/human-resources/) - [Payroll Services](https://www.axcethr.com/services/payroll-and-tax-administration-services/) - [Risk Management](https://www.axcethr.com/services/workers-comp-and-employee-safety-risk-management/) - [Meet the Team](https://www.axcethr.com/about-us/meet-the-team/) - [Subscribe to Latest Resources](https://www.axcethr.com/subscribe-to-the-latest-resources/) - [Resource Library](https://www.axcethr.com/expertise/resource-library/) - [\[ Client Portal \]](https://www.axcethr.com/client-services/) - - - - - Search for: Copyright © 2023 Axcet HR Solutions – Kansas City's PEO Since 1988 | [Privacy Policy](https://www.axcethr.com/privacy-policy/) | [Terms and Conditions](https://www.axcethr.com/terms-conditions/) | [**Join our Team – Careers »**](https://axcethrsolutions.prismhr-hire.com/) 10975 Grandview Drive Suite 200, Corporate Woods Building 27, Overland Park, KS 66210 | Call us: 913-383-2999 *The IRS does not endorse any particular For more information on [certified professional employer organizations](https://www.axcethr.com/why-axcet/certified-peo/), go to [www.irs.gov](https://www.irs.gov).* Remove cookies ![](https://dc.ads.linkedin.com/collect/?pid=43031&fmt=gif) ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Mariah Collins, SHRM-SCP", "url" : "https://blog.axcethr.com/author/mariah-collins" }, "dateModified" : "2025-05-22T20:40:51.218Z", "datePublished" : "2022-05-18T18:11:58.000Z", "headline" : "No Relief and No Exceptions: ACA Penalties Still in Full Force", "image" : [ "https://blog.axcethr.com/hubfs/ACA%20Penalties%20Still%20in%20Full%20Force%201200x628.webp" ], "mainEntityOfPage" : { "@id" : "https://blog.axcethr.com/no-relief-and-no-exceptions-aca-penalties-still-in-full-force", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://blog.axcethr.com/hubfs/_logo_axcethr_primary.png" }, "name" : "Axcet HR Solutions" } } ``` ```json { "@context" : "https://schema.org", "@id" : "https://www.axcethr.com/#organization", "@type" : "Organization", "address" : { "@type" : "PostalAddress", "addressCountry" : "US", "addressLocality" : "Kansas City", "addressRegion" : "MO" }, "aggregateRating" : { "@type" : "AggregateRating", "bestRating" : "5", "ratingValue" : "5", "reviewCount" : "100" }, "areaServed" : { "@type" : "Country", "name" : "United States" }, "award" : [ "IRS Certified Professional Employer Organization (CPEO)", "Award-Winning HR Solutions Provider", "SHRM Certified HR Professionals", "HRCI Certified HR Professionals" ], "contactPoint" : { "@type" : "ContactPoint", "areaServed" : "US", "availableLanguage" : "English", "contactType" : "Customer Service" }, "description" : "Award-winning Professional Employer Organization (PEO) providing comprehensive HR solutions, payroll services, employee benefits, and risk management to small and mid-sized businesses. 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These companies, defined as those with at least 50 full-time employees who worked an average 30 or more hours per week during the previous calendar year, should ensure they meet information reporting requirements (by filing 1094-C and 1095-C forms for every full-time employee). The IRS provided relief for tax years 2015 through 2020 as a “transitional” measure. Now, filing late or incorrect ACA information could, without exceptions, cost employers a hefty IRS penalty. RELATED: Small Businesses, Health Insurance and the PEO Option >> How To Remain Compliant with ACA Employer Mandate Under the ACA Employer Mandate, ALEs that fail to provide full-time workers with adequate, “affordable” (as defined by the IRS; see below) health coverage are subject to fines or employer shared-responsibility payments (ESRPs). The IRS lowered the 2022 affordability threshold, also known as the shared-responsibility affordability percentage or cost-sharing limit. That means the maximum cost for an employer-sponsored plan that only covers the employee is now lower. To stay compliant, ALEs must now provide at least one self-only coverage option for less than 9.61% of an employee’s wages. ALEs meet 2022 affordability requirements if they offer a self-only plan for: A maximum monthly employee contribution of less than $103.14 (based on the U.S. federal poverty level of $12,880 in annual income), or 9.61% of either an employee’s W-2 wages or hourly rate of pay. ACA Penalty for Non-Compliance Because the affordability percentage decreased this year, employers must make changes accordingly to avoid ending up with an unaffordable, non-compliant plan – even though that same plan was considered affordable last year and no other plan changes occurred. ACA 2022 penalties, or ESRPs, on the other hand, are higher this year than last. These fines are assessed when: An ALE does not offer minimum essential coverage to at least 95% of its full-time employees in any given month and when at least one full-time employee receives a premium tax credit to help pay for coverage through the ACA marketplace. Non-compliance will cost ALEs $2,750 per full-time employee minus 30 (the first 30 employees are not counted) in Section 498H(a) penalties. Those numbers can add up fast. An employer with 75 full-time workers, for example, would pay $123,750 in penalties for not offering health insurance to its full-time staff and if at least one full-time employee buys tax-subsidized health insurance through the marketplace exchange (75 - 30 x $2,750). When an ALE does not offer minimum essential coverage that is “affordable” (as described above) and provides “minimum value”. Additionally, the employee must decline non-compliant coverage and instead enroll in subsidized coverage on the ACA marketplace exchange. For the 2022 tax year, the Section 498H(b) penalty for every employee not offered affordable coverage is $343.33 per employee, per month. RELATED: Seasonal Employees and ACA Compliance >> Business owners who leverage a trusted certified professional employer organization (CPEO), don’t have to worry about complex ACA reporting or costly penalties. That’s one of the biggest benefits of working with a CPEO like Axcet HR Solutions. We apply best practices to ensure our clients’ reporting is accurate and filed on time and that their health plans meet all ACA requirements. RELATED: Self-Funded Health Insurance May Cost More Than It Saves; Risk and ACA Non-Compliance Penalties Can Add Up >> Avoid Costly ACA Penalties with Expert HR Support The Affordable Care Act (ACA) continues to impose significant penalties on employers who fail to meet its requirements. As highlighted in our recent post, "No Relief and No Exceptions: ACA Penalties Still in Full Force," non-compliance can lead to substantial financial consequences. Staying abreast of the latest ACA regulations and ensuring accurate reporting is crucial for businesses to avoid these penalties. At Axcet HR Solutions, we specialize in helping small and mid-sized businesses navigate the complexities of ACA compliance. Our team of certified HR professionals can assist you in understanding your obligations, maintaining accurate records, and submitting timely reports to the IRS. By partnering with Axcet, you can focus on growing your business while we handle the intricacies of ACA compliance. Don't let ACA compliance challenges hinder your business. Schedule a consultation with Axcet HR Solutions today to ensure you're meeting all requirements and avoiding unnecessary penalties.", "author" : { "@id" : "https://blog.axcethr.com/author/mariah-collins#author", "@type" : "Person", "name" : "Mariah Collins, SHRM-SCP", "url" : "https://blog.axcethr.com/author/mariah-collins" }, "dateCreated" : "2022-05-18", "dateModified" : "2025-05-22", "datePublished" : "2022-05-18", "description" : "As the IRS ramps up enforcement of the Affordable Care Act’s employer shared responsibility provisions after the expiration of good-faith relief from corresponding penalties, a few conditions have changed for applicable “large employers” (ALEs). 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