April 7, 2017, the Treasury Inspector General for Tax Administration (TIGTA) released the results of its audit to assess the IRS's preparations for ensuring compliance with the employer shared responsibility rules and related reporting requirements under the Affordable Care Act.
The TIGTA audit revealed a number of major system and operational problems that have hindered or delayed the IRS’ enforcement of these provisions. As a result, the IRS has been unable to identify the employers potentially subject to an employer shared responsibility penalty or to assess any penalties.
Although no penalties have been assessed under the employer shared responsibility rules at this time, employers subject to these rules are still responsible for compliance. The TIGTA report emphasized that the IRS’ systems to enforce these provisions have not been canceled, and could be up and running as early as May 2017.
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