New Act Restores Tax-Free Premium Reimbursements for Many

In the final days of 2016, Congress enacted the 400-page 21st Century Cures Act, with massive bipartisan support. While the Act addresses several health-related issues, perhaps of most interest to church leaders is a provision relieving many small employers of one of the most feared provisions in the Affordable Care Act: the infamous $100 per day per employee penalty. Prior to the passage of the Act, the Internal Revenue Service could impose this penalty on any employer that continued to pay or reimburse employees' medical insurance under a private plan.

This article will review the background of the penalty, and explain who benefits from the new law.

Prior law

The tax status of employer payments or reimbursements of employee medical insurance under private plans before the enactment of the 21st Century Cures Act is summarized below.