I appreciate the opportunity to say a few words about the Employer Reporting Improvement Act before us today, introduced by my good friends, Ways and Means colleagues, Representatives Adrian Smith and Mike Thompson. This is a straightforward and effective bipartisan solution to provide small businesses with relief from cumbersome Affordable Care Act reporting requirements. Under current law, every year, to determine compliance with ACA requirements, employers have to report to the IRS information about the health insurance coverage they have provided for their employees. As part of that process, employers are required to submit their employee and their spouse or dependents' personal tax identification numbers or Social Security numbers. However, here is the catch: If, during this process, the employer unknowingly submits incorrect information, or if the IRS believes that an employee is wrongfully claiming a premium tax credit, the employer faces a significant financial penalty. Making matters worse, the window of opportunity that employer has to appeal is short, while the statute of limitations on that violation is limitless. On average, the IRS takes anywhere between 18 to 24 months, 2 years, to crunch the numbers on all this data they receive. That means the small business is left in limbo waiting to hear whether the government will find them in violation of the law.…
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