The IRS has released frequently asked questions (FAQs) addressing the small business health care tax credit provision under the Patient Protection and Affordable Care Act (PPACA). The questions and answers provide information on the credit as it applies for 2010-2013, including information on transition relief for 2010. An enhanced version of the credit will be effective beginning in 2014.
Employer-paid premiums in 2010. Only premiums paid by the employer under an arrangement meeting certain requirements (a “qualifying arrangement”) are counted in calculating the credit. Under a qualifying arrangement, the employer pays premiums for each employee enrolled in health care coverage offered by the employer in an amount equal to a uniform percentage (not less than 50 percent) of the premium cost of the coverage.
For years prior to 2014, only premiums paid to a health insurance issuer, such as an insurance company or HMO, for health care coverage are counted for purposes of the credit. Premiums for health care coverage that covers a wide variety of conditions, such as a major medical plan, are counted and premiums for certain coverage that is more limited in scope, such as limited scope dental or vision coverage, are also counted.
The FAQs clarify that premiums, as described above, that were paid by the employer in 2010, but before the new health reform legislation was enacted, can be counted in calculating the credit.
Transition relief for tax years beginning in 2010. For tax years beginning in 2010, the following transition relief applies with respect to the requirements for a qualifying arrangement:
An employer that pays at least 50% of the premium for each employee enrolled in coverage offered to employees by the employer is deemed to satisfy the qualifying arrangement requirement even though the employer does not pay a uniform percentage of the premium for each such employee. Accordingly, if the employer otherwise satisfies the requirements for the credit described above, it will qualify for the credit even though the percentage of the premium it pays is not uniform for all such employees.
The requirement that the employer pay at least 50% of the premium for an employee applies to the premium for single (employee-only) coverage for the employee. Therefore, if the employee is receiving single coverage, the employer satisfies the 50% requirement with respect to the employee if it pays at least 50% of the premium for that coverage for each employee receiving single coverage.
If the employee is receiving coverage that is more expensive than single coverage, such as family or self plus- one coverage, the employer satisfies the 50% requirement with respect to the employee if the employer pays an amount of the premium for such coverage that is no less than 50% of the premium for single coverage for that employee, even if it is less than 50% of the premium for the coverage the employee is actually receiving.
For more information, visit www.irs.gov/newsroom
by BHZ
At the first signs of a southbound economy, some companies rush into panic mode:; they slash the staff and hope for the best. Certainly, labor is the biggest expense for most businesses. That’s why many managers believe there is no faster, more efficient way to improve the bottom line than by cutting staff.
But when you add up some of the costs of layoffs, such as severance payments, continued healthcare costs for some former employees, and higher unemployment charges, you may realize you are defeating your purpose. And that’s only part of the picture. Since layoffs create uncertainty, they often prompt a drop in productivity, a decline in quality, a loss of talent as remaining staff members start looking for jobs elsewhere and increased costs to train remaining employees to take up the slack.
That’s just the short term. Once the economy picks up steam, you’ll have to spend money recruiting and training a new workforce. You might be understaffed and unable to keep up with new demand – another strain on profitability.
There are stories of companies during the Great Depression that had employees wash windows over and over again rather than lay them off. The end result: a fiercely loyal and trained staff ready to jump into action as the economy turned slowly up.
Take a clue from those companies and adopt a contrarian stance when possible. Here are eight strategies to help you adapt to changing economic circumstances with layoffs as a last result. In the end, your company will be more efficient and better prepared to tackle the competition when the economy re-engages.
Strategy #1: Get a playbook – Like a football team, you need a series of defensive plays as the game progresses quarter to quarter. Your company playbook – a combination of a business plan and strategic vision – helps you stay on track during hard times. And expect your employees to achieve the goals in the plan.
Strategy #2: Involve staff - Keep employees appraised of the challenges your company faces. Let them know layoffs are a last resort but you need their help to bring expenses into line. Set up cost-cutting teams and give them goals.
Strategy #3: Dump some perks - This can produce a host of cost cuts. Prime areas for trimming the fat are travel, executive seminars, rental cars, expense accounts and staff retreats.
Strategy #4: Opt for some rescheduling - Consider a four-day workweek, telecommuting, temporary furloughs, flextime and other means to cut payroll costs.
Strategy #5: Trim salaries - Reduce wages by, say, five percent across the board. Offer employees stock options that make up the difference and provide an incentive to work toward the company’s success. Ask senior executives to forgo annual bonuses. Review your sales commission policy for possible cuts.
Strategy #6: Streamline – Restructure your business to enhance performance. Get rid of any department, plan or operation that isn’t contributing to the company’s success. Look for duplicated efforts, obsolete production lines and non-core businesses that can be sold.
Strategy #7: Selectively downsize – Take advantage of attrition and early retirement possibilities. If layoffs are inevitable, consolidate back-office operations first and retain employees who have face-to-face contact with customers. Look to lay off employees who add little value or disrupt others’ performance.
Strategy #8: Beef up coaching – During a slowdown, your employees are likely to have more time for training than when your businesses is steaming full ahead. By adding training, you show employees that you’re committed and willing to invest in their careers. And they’ll be better prepared once the economy picks up steam.
Of course, there’s no way to know how long the economy will remain weak. But with some creative juggling, you can retain employees and give them a stronger determination to make the company succeed.
On September 27, 2010, President Obama signed the Small Business Lending Funding Act, referred to by its Tax title as the Small Business Jobs Act of 2010 (the “Act”). The Act includes a number of important tax provisions for individuals and businesses (small and large). A number of important changes are summarized here:
As described above, both businesses and individuals are affected by the Act. More information on the Act can be found here
Included in the federal health care overhaul passed earlier this year, the small business health care tax credit can offset up to 35% of the insurance premiums that a small company pays to cover its employees this year, according to the federal Small Business Administration. The rate will increase to 50% in 2014. The U.S. Department of the Treasury recently released detailed guidance as to how a small business could take advantage of the credits.
Small businesses face unique challenges to providing health insurance for their employees, such as higher costs and fewer choices than those available to larger companies. Nationally, an estimated four million small companies might qualify for the tax credit, which is designed to help subsidize insurance coverage by about $40 billion over the next 10 years, according to the federal government. The tax credit can also be used to cover add-on dental, vision, and other limited insurance coverage. In Ohio, for example, an estimated 118,000 businesses that cover at least half of their employees’ health care costs would be eligible for the tax credit, according to the Ohio Department of Insurance.
According to the federal Small Business Administration, the health care bill would also benefit small companies by blocking dramatic premium increases when one employee gets sick.
The U.S. Department of the Treasury issued guidance designed to simplify eligibility information and allow companies to choose the most favorable method of determining worker hours in order to maximize the tax credit, which is available to companies with fewer than 25 employees.
Below are key elements of the program:
Alexandria, Va. (March 12, 2010) — Wisconsin’s small business owners and other small employers who have come to depend on the outsourced employment solutions of professional employer organizations (PEOs) for payroll, benefits, risk management and human resources are guaranteed tax credits and other economic incentives remain with them under passage of Senate Bill 504 this session.
The bill was unanimously passed by both the Senate and Assembly and updates the provisions of Wisconsin Act 189, which established the original regulatory framework for PEOs. The PEO market has grown substantially since passage of the statute in Wisconsin in 2007. The average PEO serves approximately 200 business clients and 4,000 workers.
“PEOs assume a wide variety of significant employer responsibilities for these small employers, including the delivery of risk management services, said Michael Gotzler of Madison headquartered QTI Human Resources Inc. “They also pay the wages of worksite employees, manage payroll tax payments and compliance, improve compliance with federal and state labor regulations, share human resource management best practices and sponsor many employee benefit programs including health care and retirement savings plans. Ironically it is this shared or co-employment arrangement that lead to the need to clarify that tax credits and economic benefits offered by local government belong to the client and not the PEO.”
Melinda Heinritz, executive director of the Wisconsin Historical Foundation and long-time PEO client of QTI Human Resources, explained, “We rely heavily on the services and expertise of QTI to help us effectively navigate all aspects of human resources management. Doing so allows the Foundation to focus time and energy on fulfilling our mission and executing our core competencies in marketing, membership and fundraising on behalf of the Wisconsin Historical Society.”
Gotzler worked with the PEO industry’s trade association, the National Association of Professional Employer Organizations (NAPEO) and the Department of Regulation and Licensing to ensure the original intent of the act provided a layer of safeguards and oversight for small business owners and their employers in PEO outsourcing arrangement. Under the original law, PEOs were wrongly classified as temporary help agencies leading to some of the administrative confusion.
As in 34 other states, PEOs in Wisconsin are required to maintain minimum financial standards, file annual audited financial statements, and register with the Department of Regulation and Licensing.
NAPEO says the concept of regulating PEOs is not a new one. The provisions contained in this bill are based on model legislation. “Over the past 25 years, these standards and requirements have been tested and refined to strike the balance of the need for responsible regulation,” said Milan Yager, president and CEO of NAPEO. NAPEO represents the $68 billion industry, which has experienced double digit growth for the past five years.
The bill was sponsored by Senator Bob Wirch and led through the Assembly by Representative Steve Hilgenberg, who introduced companion legislation Assembly Bill 716.
About NAPEO
As the recognized Voice of the PEO Industry,® NAPEO represents nearly 400 professional employer organizations (PEOs). The PEO industry has matured to $68 billion with double digit growth annually since 2004. As NAPEO enters its 25th year, the potential market remains promising with high client retention rates, a projected increase in revenues for 2010, and the current untapped market now serving 300,000 business owners and 2 to 3 million workers. PEOs allow clients to “reduce costs and free up time to devote to revenue generating activities, improvements that can be instrumental to gaining competitive advantage,” according to research by the Society of Human Resource Management Foundation. To learn more about how PEOs contribute to small businesses’ success, visit the NAPEO Web site at www.napeo.org.
About Staff One
Founded in 1988, Staff One is a leader in the Human Resources
Outsourcing industry with an ESAC accredited and bonded PEO service
offering. The Company is a preferred provider of outsourced human resources
management services that include, benefits and payroll administration,
health and workers compensation insurance programs, personnel records
management, employer liability management, employee performance management
and employee training and development services to small and medium-sized
businesses. Staff One is headquartered in Durant, Okla., with offices
in Dallas, Little Rock, Ark., Nashville, Tenn., and Tulsa, Okla. For
more information, visit www.staffone.com.
BRENTWOOD, Tenn., January 8, 2010 — Staff One, Inc. was awarded second place in the “Most Informative – National” category at the Greater Nashville Apartment Association Trade Show held July 23, 2009 at LP Field in Nashville, Tenn.
Staff One was among more than 100 exhibitors at the annual event, which connects apartment owners, managers and leasing professionals with local and national companies that serve their industry.
“We are very pleased that Staff One was recognized by the GNAA,” said Dan Telford, Business Development Executive for Staff One. “We support the GNAA at every opportunity and really enjoyed participating in this year’s trade show. We work hard to make sure our trade show exhibits convey the services Staff One provides, as well as sharing relevant information on how we can impact business owners and managers.”
With a presence in more than 41 states, Staff One is a leader in the HR Outsourcing industry, providing PEO services that include HR, benefits administration, risk management, compliance management, payroll and tax administration services to small businesses. Staff One has worked with clients in the property management industry for more than 20 years – playing a key role in decreasing employee turnover, maximizing occupancy rates and managing workers compensation risk. As a result, Staff One’s clients have grown more than 500% since they started with Staff One.
About Staff One
Founded in 1988, Staff One is a leading Human Resources Outsourcing firm with an ESAC accredited and bonded PEO service offering. Staff One operates as a full-service human resources department and delivers a comprehensive range of solutions that provides our clients with a level of support and value previously only available at much larger companies. By aggregating the buying power of hundreds of firms, Staff One provides premium benefits and benefits administration, risk management, compliance management, payroll outsourcing, tax administration and strategic HR services. Staff One currently serves clients with employees in more than 40 states. For more information, visit www.staffone.com.
About Greater Nashville Apartment Association
The Greater Nashville Apartment Association is a non-profit trade organization representing owners, management companies, apartment communities and suppliers to the multi-family industry.
Human resources outsourcing is a strategic move to improve the quality and flexibility of your workforce, while improving your organization’s ability to accommodate change and stay ahead of market forces. Today, many companies are outsourcing their human resource functions. The benefits affect owners and executives, HR managers and employees and can include cost savings, access to highly skilled professionals and advanced technology, which collectively result in a sustainable competitive advantage.
BENEFITS TO OWNERS & EXECUTIVES
by MHA
Several federal agencies have released guidance for employers regarding labor issues caused by H1N1 and the flu season.
With the unemployment rate at more than 9%, talk of layoffs, and the closing of numerous businesses, it’s easy to see why many organizations are tightening their reins. However, it is important to maintain, or create, an atmosphere of security, flexibility, and contentment for employees especially during an economic crisis. The temptation may be to put more emphasis on the bottom line than on those that create the bottom line. This could create more cost than you think. For example, turnover rates for 2008 (both voluntary and involuntary) averaged 18.7%. According to Watson Wyatt, total turnover costs including hard dollars and lost productivity are approximately 48% – 61% of salary. If a company has 60 employees with an average salary of $40,000, that could mean a cost of $215,424 to $273,768!
So how does an employer stay competitive without spending a lot of money? There are several things employers can do that cost little, but can go a long way in eye of an employee.
1. Communicate.
Communication creates a sense of security for an employee. Not only communication about operations and product offerings, but culturally and structurally as well. If people feel that they have a good understanding of where the company is going and how it is going to get there, they are generally more connected and invested in it. Communication creates a purpose and meaning to come and work every day.
2. Be flexible.
Increasing flex-time or being more flexible with work schedules is a great way to add value in the eye of the employee. Being aware of the scheduling needs of employees and then trying to meet those needs creates a loyalty and appreciation to your company.
3. Recognition and Rewards.
Recognizing a job well done or rewarding employees that have just finished a project shows that they are appreciated for their efforts and it is noticed. Rewards could be anything from an extra vacation day or a gift card to a restaurant. They don’t have to cost a lot to have a significant impact.
These are just a few ways employers can keep their employees productive, content, and loyal through wage freezes or layoffs. Eventually the economy will turn and the last thing an employer needs to worry about when this happens is finding good employees. Remember, investing in the your human capital doesn’t have to cost much, but will pay huge dividends in the future.
By NAPEO Staff
A little-discussed provision of the American Recovery and Reinvestment Act (ARRA) substantially expands whistleblower protections with regard to any activity by entities involved in the stimulus funds. Known as the McCaskill Amendment, Section 1553 extends to those contracting with entities receiving stimulus funds, even when only a portion of the activities are covered by the funds. The protection covers any disclosure by a person to a newly created oversight board, an inspector general, a government agency, a court, or a grand jury if the employee reasonably believes there is gross mismanagement of any agency contract or grant involving the funds, a gross waste of the funds, a substantial danger to public health or safety, an abuse of authority, or a violation of law, rule, or regulation. Protected disclosures will include those made in the ordinary course of an employee’s duties. The law prohibits waivers or releases of the rights and remedies in any agreement (including any pre-dispute arbitration agreement). Covered employers will be required to post notice of these rights.