ALE stands for Applicable Large Employer. Are you an ALE?
Your company might be an “ALE” if:
- You employed on average 50 full-time employees during the preceding calendar year.
- You employed on average 50 full-time employees during the preceding calendar year. This includes full-time equivalents or FTEs. FTEs are determined by adding the hours of all non full-time employees together (capped at 120 hours for any one employee). Then, divide that total by 120 each month of the calendar year to get that month’s particular number of FTEs.
- Finally, your company has common ownership with other companies where there is a combined average of 50 or more total full time & FTE employees. Aggregate companies is a complex topic for most everyone other than a tax attorney. This can be “commonly owned”, “controlled” and “affiliated service groups.”
Why is this important?
- Annual per employee fines may apply under “Pay or Play.”
- Per employee penalties for incorrect 1094 /1095 IRS reports (ACA reporting requirements under ACA section 0655 and 6055 provision) are possible.
- Last, avoid the hassle and anxiety of being scrutinized by the IRS or DOL for tax and ERISA compliance.
In closing, keep up with the latest on ALEs directly from the IRS here.
