IRS LTR226J Notice: How to Respond to Employer Coverage Issues
Summary:
The IRS LTR226J Notice informs employers about the Employer Shared Responsibility Payment (ESRP) under the Affordable Care Act (ACA). It shows that the IRS believes the employer might owe a payment. This usually happens when the employer does not offer minimum essential coverage to full-time employees or the coverage does not meet the affordability or minimum value standards. The notice explains the proposed ESRP in detail, along with the steps employers need to take if they agree or disagree with the assessment.
Have you recently received an IRS LTR226J Notice regarding your Employer Shared Responsibility Payment? Don’t panic. This notice indicates that the IRS thinks you might owe a payment due to unmet certain Affordable Care Act requirements. While this can feel overwhelming, understanding the notice and knowing the right steps to take will help you resolve any issues. Let’s break down what the notice means, why you may have received it, and how to respond promptly.
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What is an IRS LTR226J Notice?
The IRS LTR226J Notice serves as a formal communication to employers who might owe an Employer Shared Responsibility Payment (ESRP) under the Affordable Care Act (ACA). The ACA requires some employers, known as Applicable Large Employers (ALEs), to provide minimum essential coverage (MEC) to full-time employees and their dependents. If an ALE does not meet these requirements, and at least one full-time employee qualifies for a premium tax credit (PTC), the IRS may assess an ESRP.
Why does the IRS issue an LTR226J Notice?
The IRS sends an LTR226J Notice when:
- An employer fails to offer minimum essential coverage (MEC) to at least 95% of its full-time employees and dependents.
- The coverage provided does not meet the affordability or minimum value standards set by the ACA.
- The information reported on Forms 1094-C and 1095-C does not match the IRS’s records.
Pro Tip
Keep detailed records of all communications with the IRS, including letters, emails, and phone calls. This documentation can be crucial if you need to dispute the ESRP or provide evidence during an appeal.
How does the LTR226J Notice affect you?
An LTR226J Notice indicates that the IRS has found a potential ESRP liability for your business. The notice typically includes a proposed ESRP amount, an explanation of the payment calculation, and a list of full-time employees who qualified for a PTC. This information helps you understand how the notice may impact your business. More details on the income requirements under the ACA can be found in our resources.
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Changes to your ESRP liability
If the IRS concludes that you owe an ESRP, it could significantly affect your company’s finances. The proposed payment amount depends on the number of full-time employees and how much of the year your business was not in compliance. Knowing how the ESRP is calculated can help you decide whether to dispute it.
Impact on tax compliance status
Ignoring an LTR226J Notice may lead to more complications, such as interest charges or penalties for unpaid amounts. Furthermore, it can affect your business’s tax compliance status and potentially trigger more scrutiny from the IRS. Acting promptly will help minimize these risks.
Steps to take when you receive an LTR226J Notice
Responding quickly and appropriately to an LTR226J Notice is crucial. Follow these steps to ensure that your response is handled correctly:
1. Review the notice in detail
The LTR226J Notice explains why the IRS has proposed the ESRP and provides a month-by-month summary of the calculations. Make sure you review this information carefully to understand why the IRS assessed the ESRP.
2. Verify the information against your records
Compare the ESRP Summary Table, Form 14765 (Employee PTC Listing), and the data from your Forms 1094-C and 1095-C to ensure accuracy. Identifying errors or inconsistencies can help you prepare an informed response.
3. Decide if you agree with the proposed ESRP
If you agree with the IRS’s assessment, complete Form 14764, ESRP Response, and submit it with your payment. If you disagree, provide a signed statement explaining why you believe the ESRP is incorrect. Include any supporting documents, such as corrected Employee PTC Listings or other relevant records.
4. Respond by the deadline
The notice will include a response deadline. Make sure to send your response and any documentation by this date to avoid further actions from the IRS. Missing the deadline can lead to collection efforts.
5. Keep copies of all documents
Retain copies of the LTR226J Notice, your response, and any communication with the IRS. This documentation will be helpful for future reference or if you need to dispute additional notices.
Pro Tip
Consult a tax professional if you receive an LTR226J Notice and feel unsure about the response process. A professional can help you understand your options, gather documentation, and respond correctly to avoid penalties.
Understanding ESRP calculation methods
Calculating the Employer Shared Responsibility Payment (ESRP) involves several factors under the ACA. Knowing how the IRS determines your payment helps you spot potential errors and build a stronger case if you decide to dispute the notice.
How the ESRP is calculated for non-compliance
The ESRP calculation typically follows one of two scenarios:
- Scenario 1: When the employer does not offer minimum essential coverage to at least 95% of full-time employees, the IRS calculates the ESRP by multiplying the total number of full-time employees, minus 30, by an annual payment amount. This payment amount adjusts each year to account for inflation.
- Scenario 2: If the employer provides coverage, but it is either unaffordable or does not meet the minimum value standards, the IRS calculates the ESRP based on the number of full-time employees certified as eligible for the premium tax credit.
Key factors that influence the ESRP amount
Several factors can impact the amount of the ESRP, including:
- Number of full-time employees: Having more full-time employees increases the potential ESRP liability.
- Affordability of the coverage: The ACA defines affordable coverage based on a percentage of the employee’s household income. If the coverage cost goes beyond this threshold, the IRS considers it unaffordable.
- Minimum value requirement: The plan must cover at least 60% of the total expected costs of benefits. Failing to meet this minimum can trigger ESRP liability.
Pro Tip
Double-check your Forms 1094-C and 1095-C for accuracy before submitting them to the IRS. Catching errors early reduces the chance of receiving an LTR226J Notice and minimizes compliance issues.
Consequences of not responding to the LTR226J Notice
Failing to respond to the LTR226J Notice brings several consequences:
- Interest and penalties: Ignoring the proposed ESRP can lead to the IRS applying additional penalties and interest, which increases the total amount owed.
- Enforced collection actions: The IRS may take further steps, such as imposing fines or garnishing wages, if the ESRP remains unpaid.
- Delayed resolution: Not addressing the notice can result in prolonged tax issues and trigger additional notices from the IRS.
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Frequently asked questions
What should you do if you can’t pay the proposed ESRP?
When paying the proposed ESRP in full is not possible, consider setting up a payment plan with the IRS. Reach out to the IRS to discuss installment agreements or other payment options to avoid extra penalties.
Does receiving an LTR226J Notice mean you will always owe a payment?
No, receiving an LTR226J Notice does not automatically mean you owe a payment. The notice serves as a preliminary assessment based on the IRS’s records, giving you the opportunity to review and dispute the ESRP if you believe it is incorrect.
Can the ESRP be reduced or eliminated?
Yes, reducing or eliminating the ESRP is possible if you find errors in the original forms or qualify for safe harbor relief. Submitting supporting documents and corrected information can help adjust the assessed payment.
What happens if you miss the response deadline?
Missing the response deadline may lead to the IRS issuing a Notice and Demand for Payment, starting collection actions, or adding extra penalties. Responding on time is crucial to avoid these consequences.
Is there a way to appeal the ESRP assessment?
Yes, if you disagree with the final ESRP assessment after responding to the LTR226J Notice, you can request a conference with the IRS Office of Appeals. Follow the instructions in the notice to start the appeal process.
Need help understanding other IRS letters and notices? Visit our comprehensive guide to IRS Letters and Notices or search for the document you received in the table below.
| CP01 | The IRS verified your claim of identity theft and will monitor your account. |
| CP01H | The IRS received a tax return with a social security number that belongs to a dead person. |
| CP02H | Money is due on an amended return based on a grant received due to Hurricane Katrina, Rita, or Wilma. |
| CP03C | You received the First-Time Homebuyer Credit for a house you purchased. |
| CP04 | You may be eligible for tax deferment because either you or a spouse served in a combat zone, a qualified contingency operation, or a hazardous duty station during the tax year specified on your notice. |
| CP08 | You may be entitled to additional money due to the Additional Child Tax Credit. |
| CP10 | Your tax return changed due to a miscalculation, and the refund you wanted to apply to an estimated tax payment has changed. |
| CP10A | Your tax return changed due to a miscalculation of the Earned Income Credit, and the refund you wanted to apply to an estimated tax payment has changed. |
| CP11 | You owe money because the IRS amended your return due to a miscalculation. |
| CP11A | Your tax return changed due to a miscalculation of the Earned Income Credit, and the refund you wanted to apply to an estimated tax payment also changed. |
| CP11M | Your tax return changed due to a miscalculation of the Making Work Pay and Government Retiree Credit, and the refund you wanted to apply to an estimated tax payment has changed. |
| CP12 | You are due a bigger refund because the IRS corrected one or more mistakes on your tax return. |
| CP12A | The IRS made changes to correct the Earned Income Credit (EIC) claimed on your tax return. |
| CP12E or CP12F | The IRS corrected a miscalculation on your return. |
| CP12M | The IRS made changes to the computation of the Making Work Pay and/or Government Retiree Credits on your return. |
| CP12R | The IRS made changes to the computation of the Rebate Recovery Credit on your return. |
| CP13 | The IRS made changes to your return due to a miscalculation. There is no refund or amount due. Your balance is zero. |
| CP13A | The IRS made changes to your return due to a miscalculation of the Earned Income Credit. There is no refund or amount due. Your balance is zero. |
| CP13M | The IRS made changes to your return due to a miscalculation of the Making Work Pay credit or the Government Retiree Credit. There is no refund or amount due. Your balance is zero. |
| CP13R | The IRS made changes to your return due to a miscalculation of the Recovery Rebate Credit. There is no refund or amount due. Your balance is zero. |
| CP14 | You owe money on unpaid taxes. |
| CP16 | The IRS made changes to your return due to a miscalculation. The refund you were due was applied to other tax debts. |
| CP21A | You owe money due to the changes you requested that the IRS make on your tax returns. |
| CP21B | You are due a refund due to the changes you requested that the IRS make on your tax returns. The money should arrive within 2 to 3 weeks. |
| CP21C | The IRS made the requested changes to your tax return. You will not receive a refund, and there is no tax due. Your balance is zero. |
| CP21E | As a result of your recent audit, the IRS made changes to your tax return, and you owe money as a result of those changes. |
| CP21I | The IRS made changes to your tax return relating to the Individual Retirement Arrangement (IRA) taxes. You owe money due to the changes. |
| CP22A | The IRS made the changes you requested, and you owe money as a result. |
| CP22E | As a result of your recent audit, the IRS changed your tax return, and you now owe money. |
| CP22I | The IRS made changes to your tax return relating to the Individual Retirement Arrangement (IRA) taxes. You owe money due to the changes. |
| CP23 | The IRS changed your return because there was a difference between the amount of estimated tax payments listed on your tax return and the amount actually posted to your account. You owe taxes due to these changes. |
| CP24 | The IRS changed your return because there was a difference between the amount of estimated tax payments listed on your tax return and the amount actually posted to your account. This resulted in an overpayment of estimated taxes. |
| CP24E | The IRS changed your return because there was a difference between the amount of estimated tax payments listed on your tax return and the amount actually posted to your account. This resulted in an overpayment of estimated taxes. |
| CP25 | The IRS changed your return because there was a difference between the amount of estimated tax payments listed on your tax return and the amount actually posted to your account. You are not due a refund, nor do you owe any money. Your balance is zero. |
| CP31 | You need to update your address because your refund check was returned to the IRS. |
| CP45 | The IRS was unable to apply your overpayment to your estimated tax as you requested. |
| CP49 | The IRS used all or part of your refund to pay a tax debt. |
| CP53 | Your refund check will be sent by mail because the IRS can’t provide your refund through direct deposit. |
| CP57 | The bank declined your payment, so the IRS was unable to draft funds from your bank account. |
| CP71 | A reminder of the amount you owe in tax, penalty, and interest. |
| CP71A | A reminder of the amount you owe in tax, penalty, and interest. |
| CP71C | A reminder of the amount you owe in tax, penalty, and interest. |
| CP71D | A reminder of the amount you owe in tax, penalty, and interest. |
| CP88 | The IRS is holding your refund because you haven't filed one or more tax returns, and it believes you will owe tax. |
| CP90 | The IRS is notifying you of its intent to levy certain assets for unpaid taxes. You have the right to dispute the levy in a Collection Due Process hearing. |
| CP91 | The IRS will levy up to 15% of your social security benefits for unpaid taxes. |
| CP120 | The IRS needs documentation of your tax-exempt status. |
| CP120A | Your organization’s tax-exempt status has been revoked because it failed to file a Form 990 series return for three consecutive years. |
| CP130 | You may no longer need to pay the Alternative Minimum Tax (AMT) because your tax return filing requirements changed. |
| CP152 | The IRS received your return. |
| CP153 | The IRS will send your refund by mail because your direct deposit did not go through. |
| CP161 | You have an unpaid balance due to the IRS. |
| CP166 | Your monthly payment to the IRS did not go through due to insufficient funds in your bank account. |
| CP178 | You may no longer owe excise tax because your tax return filing requirements changed. |
| CP231 | You need to update your address because your refund was returned to the IRS. |
| CP259 | You did not file the business tax return identified in the notice. |
| CP259A | You should have filed these forms but did not – Form 990/990-EZ, Return of Organization Exempt From Income Tax, or Form 990-N (e-Postcard). |
| CP259B | The IRS requires you to file these forms but did not – Form 990-PF, Return of Private Foundation or Section 4947(a)(1) Nonexempt Charitable Trust Treated as a Private Foundation. |
| CP259C | The IRS believes that you are a private foundation, but did not file the required Form 990-PF, Return of Private Foundation or Section 4947(a)(1) Nonexempt Charitable Trust Treated as a Private Foundation. |
| CP259D | You must file this form, but you did not – Form 990-T, Exempt Organization Business Income Tax Return. |
| CP259E | You should have filed this form, but you did not – Form 990-N (e-Postcard) or Form 990/990-EZ, Return of Organization Exempt From Income Tax. |
| CP259F | The IRS requires you to file this form but did not – Form 5227, Split-Interest Trust Information Return. |
| CP259G | The IRS requires you to file this form, but you didn’t – Form 1120-POL, U.S. Income Tax Return for Certain Political Organizations. |
| CP259H | As a tax-exempt political organization, you must file this form, but you did not – Form 990/990-EZ, Return of Organization Exempt From Income Tax. |
| CP276A | You submitted your tax liability schedule incorrectly. The IRS typically charges a Federal Tax Deposit (FTD) penalty for this but did not this time. |
| CP276B | The IRS did not receive the correct amount of tax deposits. It normally charges a Federal Tax Deposit (FTD) penalty but did not this time. |
| CP297 | The IRS is notifying you of its intent to levy certain assets for unpaid taxes. You have the right to dispute the levy at a Collection Due Process hearing. |
| CP297A | The IRS has levied your assets for unpaid taxes. You have the right to dispute the levy at a Collection Due Process hearing. |
| CP298 | The IRS notifying you of its intent to levy up to 15% of your social security benefits for unpaid taxes. |
| CP501 | You have a balance due on one of your tax accounts. |
| CP503 | You have an unpaid balance on one of your accounts, and the IRS has not heard from you. |
| CP504 | You have an unpaid amount due on your account. If you do not pay immediately, the IRS will levy your state income tax refund to apply it to the amount you owe. |
| CP504B | You have an unpaid amount due on your account. If you do not pay immediately, the IRS will levy certain property or rights to property to apply it to the amount you owe. |
| CP521 | A reminder that you have an installment agreement payment due. |
| CP523 | You have defaulted on your payment agreement. Therefore the IRS is terminating the agreement and will levy your assets. |
| CP601 | Usted tiene un saldo pendiente de pago (dinero que le debe al IRS) en una de sus cuentas contributivas. |
| CP603 | No hemos recibido respuesta de parte de usted y todavía tiene un saldo sin pagar en una de sus cuentas contributivas. |
| CP604 | Usted tiene un saldo sin pagar en su cuenta. De no pagar esta cantidad inmediatemente, el IRS embargará cualquier reembolso de impuestos estatales al que tenga derecho y aplicarlo al pago de su deuda. |
| CP604B | Usted tiene un saldo sin pagar en su cuenta. De no pagar esta cantidad inmediatemente, el IRS embargará ciertas propiedades o derechos de propiedad y lo aplicará al pago de su deuda. |
| CP621 | Este aviso es para notificarle que usted tiene un plan de pagos a plazos vencido. Por favor, envíe el pago inmediatamente. |
| CP623 | Este aviso es para informarle nuestra intención de cancelar su plan de pagos a plazos y confiscar (embargar) sus bienes. Usted incumplió en su acuerdo. |
| CP711 | Nosotros realizamos cambios a su planilla debido a que entendemos que hubo un cálculo erróneo. Como resultado de estos cambios, usted adeuda dinero por sus contribuciones. |
| CP721 | Hicimos el(los) cambio(s) que usted solicitó a su declaración de impuestos para el año tributario que aparece en su aviso. Como resultado de éste(estos) cambio(s) usted debe dinero en sus impuestos. |
| CP722 | Hicimos el(los) cambio(s) que usted solicitó a su declaración de impuestos para el año tributario que aparece en su aviso. Como resultado de éste(estos) cambio(s) usted debe dinero en sus impuestos. |
| CP771 | Usted recibió este aviso para recordarle sobre la cantidad que adeuda en contribuciones, multas e intereses. |
| CP772 | Usted recibió este aviso para recordarle sobre la cantidad que adeuda en contribuciones, multas e intereses. |
| CP773 | Usted recibió este aviso para recordarle sobre la cantidad que adeuda en contribuciones, multas e intereses. |
| CP774 | Usted recibió este aviso para recordarle sobre la cantidad que adeuda en contribuciones, multas e intereses. |
| CP959 | Usted no radicó su planilla de contribución de negocios identificada en este aviso. |
| CP2000 | The income or payment information on file doesn’t match your tax return. The discrepancy may result in an increase or decrease in your tax due. |
| CP3219A | The IRS has received information that is different from what you reported on your tax return. This may result in an increase or decrease in your tax. |
| CP3219N | The IRS didn’t receive your tax return, so it calculated your return based on the information received from employers, financial institutions, and others. If you want to challenge the proposed tax, you have 90 days from the date of this notice. If you are outside the country, you have 150 days. |
| Letter 0012C | The IRS needs additional information to process your tax return. |
| Letter 0484C | The IRS wants a completed |
| Letter 0525 | Updates you on proposed changes after an IRS examination. Any changes are explained and details the refund due or taxes owed. |
| Letter 531 | IRS Notice of Deficiency. The information the IRS received about you was different from what you reported on your return. |
| Letter 0668D(LP 68) | The IRS released their levy. |
| Letter 0549C | Your tax bill was paid. |
| Letter 0681C | The IRS accepted your payment proposal. However, this is not a formal Installment Agreement. |
| Letter 0757C | You did not adhere to the terms of your Installment Agreement. |
| Letter LT 11 | The IRS plans to seize your property or rights to property. |
| Letter 1058 | The IRS has not received your payment. It plans to seize your property or rights to property. |
| Letter 1615 (LT 18) | You must respond to the IRS within 10 days of this notice regarding past due tax returns. |
| Letter 1737 (LT 27) | Complete and sign Form 433F, Collection Information Statement. |
| Letter 1961C | Your application for a Direct Debit Installment Agreement was declined. It explains why and what you need to do to qualify. |
| Letter 1962C | Your application for a |
| Letter 2050 (LT 16) | The IRS is trying to collect unpaid taxes from you from returns that have been filed or from returns that have not been filed. |
| Letter 2257C | The IRS is providing the payoff amount that you requested. |
| Letter 226-J | An IRS letter to large employers notifying them that they may be liable for an Employer Shared Responsibility Payment (ESRP). |
| Letter 2271C | A request for an Installment Agreement has been approved. It explains the fees and how to qualify for a Low Income Fee Reduction. The letter may also request missing information. |
| Letter 2272C | An IRS letter explaining why your request to pay the balance due in installments was declined. |
| Letter 2273C | A confirmation letter of your request to pay the balance due in installments. It contained the amount to pay, fees charged, and where to send payment. Instructions on how to apply for the Low Income Fee Reduction included. |
| Letter 2318C | A response to a request to pay taxes due to payroll deductions. It also explains the fees that are charged. |
| Letter 2357C | The IRS is admitting that it did not send you the balance due notices that it should have. |
| Letter 2603C | The IRS accepted your installment agreement. The IRS will file a Notice of Federal Tax Lien on your personal property. |
| Letter 2604C | The IRS has accepted your request for installment payments. This IRS letter provides the monthly payment, the address where to send it, and the fees charged. The letter also provides instructions on how to apply for the Low Income Fee Reduction. |
| Letter 2761C | The IRS is requesting your combat zone service dates to ensure that it provides you with the special provisions and protection of the combat zone deferment. Copies of military orders or other documentation to support your time served may be requested. Civilians working in support of the Armed Forces may be required to provide a Letter of Authorization or a letter from their employer. |
| Letter 2789C | An annual reminder notice, as required by law, of the balance due to the IRS. It explains that penalties and interest continue to accrue until the balance is fully paid. |
| Letter 2840C | Confirms your Installment Agreement request and includes the payment amount and due date. This IRS letter explains the fees charged for paying monthly and explains how to apply for the Low Income Fee Reduction (if you qualify). |
| Letter 3030C | Provides an explanation of the tax, penalty, and interest still due on your account. |
| Letter 3127C | A confirmation of your request to make a change to your Installment Agreement. This IRS letter explains the fees for the change. Changes can be to the payment amount or due date, or it can include additional liabilities. |
| Letter 3174 | A reminder of taxes due after the IRS has sent a Notice of Intent to Levy. |
| Letter 3217C | The IRS has accepted your request to pay the balance in installments. This IRS letter provides your payment amount, the due date, and fees charged. The letter also provides instructions on applying for the Low Income Fee Reduction (if you qualify). |
| Letter 3228 (LT 39) | A request to pay the balance due within 10 days using the envelope provided. |
| Letter 3500 | The IRS has received your documents, and it needs additional time to review them. |
| Letter 3572 | Your Federal Income Tax Return has been selected for examination. The IRS auditor requests that you call to schedule an audit appointment. |
| Letter 4883C | The IRS received your federal income tax return but needs more information to verify your identity in order to process your tax return accurately. |
| Letter 4903 (LT 26) | You must file your tax returns immediately. The IRS has previously contacted you, but it did not receive a response. |
| Letter LP 47 | The IRS is trying to locate the person identified in the letter and is requesting that you provide their new address. |
| Letter LP 59 | The IRS has not received a response to the notice of levy it previously sent. |
| Audit Letter 2205 | The IRS manages audits either by mail or through an in-person interview to review your records. The interview may be at an IRS office (office audit) or the taxpayer’s home, place of business, or accountant’s office (field audit). |
| Letter 915 | You recently underwent an audit, and the IRS informs you that you now owe taxes. |
Key takeaways
- The IRS LTR226J Notice informs employers about a proposed Employer Shared Responsibility Payment (ESRP).
- The notice indicates noncompliance with Affordable Care Act requirements regarding health coverage for full-time employees.
- Carefully review the notice and compare it with your records to confirm the accuracy of the ESRP assessment.
- If you agree with the proposed ESRP, complete Form 14764 and submit it with your payment. If you disagree, respond with a signed statement and supporting documentation.
- Failure to respond promptly may result in penalties, interest, and enforced collection actions.
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