ACA Individual Mandate Penalty No Longer Applies

The ACA’s individual mandate penalty no longer applies, beginning in 2019. Individuals will still need to certify on their 2018 tax return (filed in early 2019) whether they complied with the individual mandate for 2018.

Impact on Years Prior to 2019

Although the ‎tax ‎reform ‎bill eliminates ‎the ACA’s ‎individual mandate penalty, this repeal did not take effect until 2019. As a result, individuals were still required to comply with the mandate (or pay a penalty) for 2018. This means that individuals must still certify on their 2018 tax return (filed in early 2019) whether they complied with the individual mandate for 2018. Therefore, taxpayers should indicate on their 2018 tax returns whether they (and everyone in their family):

  • Had health coverage for the year;
  • Qualified for an exemption from the individual mandate; or
  • Will pay an individual mandate penalty.

In addition, a failure to obtain acceptable health coverage for 2018 may still result in a penalty for the individual for that year. Individuals who are liable for a penalty for failing to obtain acceptable health coverage in 2018 will be required to pay that penalty when they file their federal income taxes in 2019. As a result, some individuals may be required to pay the individual mandate penalty in early 2019, based on their noncompliance for the 2018 tax year.

Effect on Other ACA Provisions

Despite the repeal of the individual mandate penalty, employers and individuals must continue to comply with all other ACA provisions. The tax reform bill does not impact any other ACA provisions, including the Cadillac tax on high-cost group health coverage, the PCORI fees and the health insurance providers fee. In addition, the employer shared responsibility (pay or play) rules and related Section 6055 and Section 6056 reporting requirements are still in place.

© 2017, 2019 Zywave, Inc. All rights reserved.