The health insurance tax credit applies to for-profit and non-profit employers meeting certain requirements (
see Q
8841). From 2010 through 2013, the amount of the credit for for-profit employers was 35 percent (25 percent for non-profit employers) of qualifying health insurance costs. The credit is increased for any two consecutive years beginning in 2014 to 50 percent of a for-profit employer’s qualifying expenses and 35 percent for non-profit employers.
1 The new tax credit is effective for 2010 and thereafter. Beginning in 2014, it is only available for two consecutive years. Thus, the maximum number of years that an employer can take advantage of this tax credit is six, namely 2010 through 2013, plus any two consecutive years beginning in or after 2014.
2
Planning Point: The IRS provided relief for small employers who wish to claim the small business health care tax credit, but did not have access to a small business health options program (SHOP) marketplace plan for 2017. Under IRC Section 45R, certain small employers may claim a tax credit for two consecutive years if they provide qualified health coverage to employees. However, some employers who first claimed the credit in 2016 found that they no longer had access to a SHOP plan beginning in 2017. These employers were permitted to claim the credit with respect to health insurance coverage provided outside of the SHOP marketplace for the remainder of the credit period if the coverage that is provided would have qualified for the credit under the rules that applied before January 1, 2014.
3
1. https://www.healthcare.gov/small-businesses/provide-shop-coverage/small-business-tax-credits/#:~:text=You%20may%20qualify%20for%20the,for%20non%2Dprofit%20employers) (last accessed September 28, 2024).
See also 2013 IRB LEXIS, 2013-38 IRB 211 (modifying IRS Notice 2010-44, 2010-22 IRB 717; IRS Notice 2010-82, 2010-51 IRB 1).
2. https://www.healthcare.gov/small-businesses/provide-shop-coverage/small-business-tax-credits/#:~:text=You%20may%20qualify%20for%20the,for%20non%2Dprofit%20employers) (last accessed September 28, 2024).
3. Notice 2018-27.