If you are an employer with 50 or fewer full-time equivalent employees (generally, those working 30 or more hours per week on average), Obamacare imposes no requirements on you. You are exempt from the employer health care mandate that is scheduled to take effect for larger employers in 2015.
However, Obamacare does provide small employers who elect to provide coverage for their employees with some great opportunities—the ability to obtain lower cost coverage through special state SHOP exchanges and tax credits to help pay for employees’ coverage.
Historically, small employers have had to pay much more for health insurance than large employers because they did not have a large pool of employees to be covered who could share the costs of health care. Obamacare attempts to end this disparity through its SHOP program. “SHOP” is short for Small Business Health Options Program. Under Obamacare, each state establishes its own SHOP exchange that brings together hundreds or thousands of small businesses to form a single insurance pool. SHOP is designed to offer small employers many of the advantages of large-business insurance pools: purchasing power, lower costs, reduced premiums, and more health insurance plan choices.
Small employers (those with 50 or few full-time equivalent employees) are not required to obtain their coverage through their state’s SHOP exchange, or to obtain any coverage at all. However, those that do so can save money and qualify for special tax credits.
In 2014, SHOP is open to employers with 50 or fewer full-time equivalent (FTE) employees. Beginning in 2016, all SHOPs will be open to employers with up to 100 FTEs. You must have at least one regular "common law" employee to use SHOP--not counting yourself or your spouse. Basically, anyone to whom you provide a W-2 form is a common law employee.
If you plan to use SHOP, you must offer coverage to all of your full-time employees. Moreover, in many states, at least 70% of your full-time employees must enroll in your SHOP plan.
There is a SHOP exchange (also called a marketplace) for each state. However, the federal government recently announced that small employers will not be able to enroll in SHOP plans though its website, healthcare.gov, until November 2014. Instead, they will have to use a paper application or go through an insurance broker or agent. However, many states that are operating their own online health exchange websites do allow small businesses to obtain SHOP coverage through an online application. Check with your state health exchange website. Links to all 50 state exchange website may be found at https://www.healthcare.gov/small-businesses/. A useful set of FAQs on SHOP exchanges is at https://www.cms.gov/CCIIO/Resources/Fact-Sheets-and-FAQs/Downloads/shop-marketplace-5-10-2013.pdf.
Small businesses that elect to provide their employees with coverage through their SHOP exchange may qualify for substantial tax credits. To get the credit, you must have fewer than 25 full-time-equivalent employees who are paid an average annual salary of less than $50,000. And, you, the employer, must also pay at least 50% of your employees’ premiums.
The amount of the tax credit you receive depends on various factors, including the number of full-time-equivalent employees and the amount you contribute to their insurance premiums. Employers with ten or fewer full-time-equivalent employees paying an annual wage of $25,000 or less qualify for the maximum credit—50% of the amount the employer pays for employee health insurance. The credit will be less for other small businesses. These tax credits are available for a total of two consecutive years.
To calculate and claim the tax credit, your business must file IRS Form 8941, Credit for Small Employer Health Insurance Premiums, with your annual tax return. For detailed information on filling out this form, see the Instructions for Form 8941. If you are a small business, include the amount as part of the general business credit on your income tax return.