©2010 LarsonAllen LLP 0 Health Care Credit for Religious Organizations Amy Hendley September 15, 2011

©2010 LarsonAllen LLP 1 Learning Objectives This session will provide you with a more complete understanding of the health insurance credit: –Health Insurance Credit Overview –Basic Provisions –Full-time Equivalents –Wage Limitations –Health Insurance Coverage –Employer Premiums –State Average Premiums –Calculating the Credit –Claiming the Credit 1 1

©2010 LarsonAllen LLP 2 2 What Happened? In March 2010, Congress passed and the President signed health reform in: –The Patient Protection and Affordable Care Act –The Health Care and Education Affordability Reconciliation Act of ◊ Increases access to health coverage ◊ Aims to reduce costs via payment reductions and focus on wellness and prevention ◊ Seeks to reward “value-based” care delivery Impact of the Act: –Cost: $940 billion over 10 years –Coverage: + 32 million by 2019

©2010 LarsonAllen LLP 3 Credit for Health Insurance Premiums Refundable Credit = 25% of Health Insurance Premiums Paid in 2010 It’s Complicated! The calculation is subject to many rules, regulations and limitations. For years beginning in 2010: - Calendar years ending December 31, Fiscal years ending in

©2010 LarsonAllen LLP 4 Credit for Health Insurance Premiums (cont’d) Tax credit for a percentage of employer-provided health insurance premiums paid during the tax year (IRC Sec. 45R) Tax Yr. BeginningTax Credit % % Offset: UBI taxes or Refunded 4

©2010 LarsonAllen LLP 5 Basic Provisions to Qualify for the Credit Employer paid premiums for employee health insurance Employer contributes at least 50% of employee premium cost for single employee coverage Qualifying arrangement Fewer than 25 FTEs for the tax year Average annual wages paid during the tax year were less than $50,000 per FTE 5

©2010 LarsonAllen LLP 6 Unique Aspects of Church Plans Self-insured Church plans are qualifying plans for purposes of the credit Controlled group issues depend on the denomination Ordained minister hours are included in the FTE calculation if they are a common law employee Ordained minister wages are not included in the average wage calculation Premiums paid for benefits for ministers are included for calculating the base credit 6

©2010 LarsonAllen LLP 7 7 Calculating the Health Insurance Credit Twelve step approach to calculating the credit: 1. Does the employer have a qualified health plan? 2. Compute the qualified health care premiums 3. Calculate total hours 4. Calculate FTE’s 5. Do FTE’s exceed 25? 6. Calculate Total Qualified Wages 7. Calculate Average Wages per FTE 8. Do average wages exceed $50,000? 9. Calculate the gross credit amount 10. Calculate the average annual wage phase-out 11. Calculate the FTE range phase-out 12. Calculate the credit (Form 8941/Form 990-T)

©2010 LarsonAllen LLP 8 Step #1 Qualified Health Insurance Plan 1.Determine if the employer offers a qualified health insurance plan Employer pays at least 50% of premium for single coverage and at least the same amount for family coverage Uniform percentage or uniform amount: See Notice , sec. III.G. Employer payments only; not employee portion No employer costs for self-insured plans

©2010 LarsonAllen LLP 9 9 Step #1 Qualified Health Insurance Plan (cont.) Benefits consisting of medical care offered by a health insurance provider (an insurance company or other entity licensed under state law) to provide health insurance coverage Health insurance coverage includes: –Limited scope dental or vision plans –Long-term care plans –Nursing home care plans –Medicare Supplemental health insurance –Church welfare benefit plans –Multi-employer heath and welfare plans

©2010 LarsonAllen LLP 10 Step #1 Qualified Health Insurance Plan (cont.) Health insurance does not include benefits provided by: –Health reimbursement arrangements (HRA’s) –Flex spending arrangements (health FSA’s) –Coverage under Self-insured plans –Health savings accounts (HSA’s) Health insurance coverage does not include: –Coverage only for accident or disability income insurance –Liability insurance –Workers compensation –Automobile medical insurance

©2010 LarsonAllen LLP 11 Step #2 Compute Premiums: Employer Premiums Paid Premiums paid are the basis for calculating the credit Only include premiums actually paid by the employer Any premiums paid through a salary reduction arrangement (cafeteria plan) are not treated as paid by the employer State credits or premium subsidies for health insurance do not reduce amounts paid Example: if employer pays 60% of health insurance coverage, then only 60% may be used in calculating the credit

©2010 LarsonAllen LLP 12 Step #2 Compute Premiums: State Average Premiums State average premiums act as an overall limit for premiums that may be used in calculating the credit IRS published a list of average premiums by state Minnesota:Single $ 4,704 Family$11,938 State average premiums must be reduced by percentage of insurance covered Example, Minnesota employer covers 50% of employee health insurance – state limits reduced to $2,352 single and $5,969 family

©2010 LarsonAllen LLP 13 Step #2 Compute Premiums 2.Compute premiums, subject to state avg. limits –Use smaller of two sums:  Actual premiums paid by the employer  State average per Rev. Rul –Consistency: Same percentage of state average premium as percentage paid by employer, and for same period for new or terminated employees –See Example Calculation of Computing Premiums

©2010 LarsonAllen LLP 14 Step #3 Calculate Total Hours 3. Calculate total hours (to determine FTEs) Include all employees, including: -those who did not utilize health insurance benefits -those who are no longer employed at year-end -union employees (multi-employer plans) -part time employees Leased employees (not common law) are included after the individual has performed services substantially full time for at least one year (first year of service is ignored) Seasonal employees (work 120 days or fewer) -exclude them from the FTE calculation but include insurance premiums paid 14

©2010 LarsonAllen LLP 15 Step #3 Calculate Total Hours (cont.) 3. Calculate total hours (to determine FTEs) Use 2080 hours for all full-time employees: - include all hours paid during the tax year -includes vacation, holiday, sick leave, disability, military duty or leave of absence (up to 160 hours) Three methods to calculate part-time employee hours: 1. Actual hours worked – any paid hours 2. Days-worked equivalency – count 8 hours for every day where at least one hour was worked 3. Weeks-worked equivalency – count 40 hours for every week where at least one hour was worked 15

©2010 LarsonAllen LLP 16 Step #3 Calculate Total Hours (cont.) 3. Calculate total hours (to determine FTEs) May apply different methods for different classifications of employees e.g. actual hours for hourly and weeks-worked equivalency method for all salaried employees May change method of calculating hours of service for each taxable year Round down to the next whole number Need 25 or fewer FTE’s to qualify for the credit 16

©2010 LarsonAllen LLP 17 Step #3 Calculate Total Hours (cont.) 3.Calculate total hours (to determine FTEs) –Count hours of all employees, even if not in health insurance plan –Exclude hours of seasonal employees  Seasonals <120 days and DOL definition –Maximum hours per employee cannot exceed 2,080 –See Example Calculation of Qualifying Hours

©2010 LarsonAllen LLP 18 Steps #4 and #5 Calculate FTEs; Less than 25? 4. Calculate FTEs Divide qualifying hours by 2,080 Round result down to next lowest whole number (but not lower than 1) See example for calculation of FTE’s 5. Determine if FTEs exceeds 25 Example: 28,060 Qualified Hours divided by 2,080 = 12.49, but round down to 13.0 Strategy: If FTE < 10, consider using the “weeks-worked equivalency” on part-time employees to increase FTE # (which will decrease average wages)

©2010 LarsonAllen LLP 19 Step #6 Calculate Total Qualified Wages 6. Calculate total qualified wages Maximum Credit is earned when average wages are $25,000 or less Use Medicare wages (ignore wage base limitation of $106,800) Exclude wages of seasonal employees

©2010 LarsonAllen LLP 20 Step #6 Calculate Total Qualified Wages (cont.) Qualified wages used to calculate average wages: –Medicare taxable wages –Exclude contributions to 401(k) or 403(b) plans –Exclude contributions to cafeteria plans –Ministers: ordained ministers are not considered employees so Medicare taxable wages are likely zero See example for calculation of qualifying wages

©2010 LarsonAllen LLP 21 Step #7 Calculate Average Wages per FTE 7. Calculate average wages Divide qualifying tax year wages by the number of FTE from Step 4 Result rounded down to next lowest multiple of $1,000 –Result must be under $50,000 See example for calculation of average wages 21

©2010 LarsonAllen LLP 22 Step #8 Do Average Wages Exceed $50,000? 8. Test if average wages < $50,000 Qualified Wages from Example $365,910 Divided by FTE from Example 13 Average wages per FTE $ 28,000

©2010 LarsonAllen LLP 23 Step #9 Calculate the Gross Credit Amount 9. Calculate credit (rate x qualifying premiums) Tax Yr. Beginning Exempt 501(c) % % Limitation: Federal Tax (Federal W/H and Medicare) (Calendar Year 2010)

©2010 LarsonAllen LLP 24 Steps #10 and #11 Calculate the Phase-Outs 10. and 11. Calculate the phase-outs Phase-out Range Full Credit No Credit Average annual wages $25,000 $50,000 Number of FTE –Each phase-out pro-rata and applied separately –Related business aggregated (using qual. ret. plan rules)

©2010 LarsonAllen LLP 25 Phase-out for Exempt Employer ( ) No.Average Wages/FTE FTEs$25K $30K $40K $50K <10 25% 20% 10% 0% 15 17% 12% 2%- 20 8% 3% Steps #10 and #11 Calculate the Phase-Outs 25

©2010 LarsonAllen LLP 26 Application of the Tax Credit Phase-out See example for phase-out calculation Avg. wages: $31,000 – results in 12% phase-out FTEs: 13 – results in 20% phase out Total phase-out is 32% 26

©2010 LarsonAllen LLP 27 Step #12 Apply the Credit Against Applicable Taxes 12. Credit Application The credit is refundable if no UBI tax liability Other info (per Notice ): –Household employer eligible –Multiemployer plan eligible (indirect premium pmt.)

©2010 LarsonAllen LLP 28 Payroll Taxes Defined for Health Care Credit Federal individual income tax withholding plus the employer and employee share of the 1.45% Medicare tax The employer and employee share of the 6.2% of OASDI social security tax are not measured in the limitation of the credit Taxes that are required to be withheld 28

©2010 LarsonAllen LLP 29 Healthcare Credit Resources Resources IRS Notice IRS Notice FAQ’s on IRS website IRS Form 8941 and Instructions –Tax-exempts claim the credit calculated on Form 8941 on line 44f of Form 990-T

©2010 LarsonAllen LLP 30 Other Information Reported on Form 990-T Organization name, mailing address, phone number and name of individual charged with the care of the books Book value of assets as of fiscal year end Signer, typically an officer of the board or the senior minister 30

©2010 LarsonAllen LLP 31 Questions 31

©2010 LarsonAllen LLP 32 Thank you! Amy Hendley, CPA Follow our blog for current discussions on health care larsonallen 32