What IRS Letter 226J Means, And How Employers Should Respond


By: Anabelle Davidow / Article /


For employers subject to the Affordable Care Act (ACA), receiving IRS Letter 226J can be alarming. The notice signals that the IRS believes an employer may owe an Employer Shared Responsibility Payment (ESRP) for failing to comply with ACA coverage requirements. While the letter is serious, it is also manageable, especially when employers respond quickly and strategically.

What Is IRS Letter 226J?

IRS Letter 226J is issued to Applicable Large Employers (ALEs), generally organizations with 50 or more full-time or full-time equivalent employees, when the IRS determines the employer may owe a penalty under the ACA’s employer mandate.

The notice is typically triggered when:

  • An employer failed to offer minimum essential coverage to enough full-time employees, or
  • The coverage offered was not affordable or did not provide minimum value, and
  • At least one employee received a premium tax credit through a Health Insurance Marketplace.

The letter outlines the IRS’s proposed penalty calculation and includes detailed employee data supporting the assessment.

Understanding the Potential Penalties

There are two primary ACA employer mandate penalties associated with Letter 226J:

Section 4980H(a) Penalty

This applies when an ALE fails to offer coverage to at least 95% of full-time employees and their dependents.

Section 4980H(b) Penalty

This applies when coverage was offered but was either unaffordable or failed minimum value standards for certain employees who then received Marketplace subsidies.

The proposed assessment can range from thousands to millions of dollars depending on workforce size and reporting accuracy.

Common Reasons Employers Receive Letter 226J

Many employers assume the notice automatically means they violated the ACA. In reality, letter 226J is often tied to reporting inconsistencies or administrative errors, including:

  • Incorrect Forms 1094-C or 1095-C
  • Coding errors on ACA filings
  • Employee classification mistakes
  • Incomplete affordability calculations
  • Failure to track variable-hour employees properly
  • Missing documentation related to coverage offers

Even small data issues can trigger IRS scrutiny.

How Employers Should Respond

1. Do Not Ignore the Letter

IRS Letter 226J includes a response deadline, usually 30 days from the date of the letter. Ignoring the notice can result in the IRS formally assessing the penalty and beginning collection efforts.

Employers should immediately route the notice to HR, benefits, payroll, finance, and legal or compliance teams.

2. Review the IRS Penalty Calculation Carefully

The IRS provides:

  • A summary table of proposed penalties
  • Employee-by-employee details
  • Information tied to Marketplace subsidy eligibility

Compare the IRS findings against your internal records, payroll data, enrollment records, and ACA filings.

In many cases, employers discover that the IRS relied on incomplete or inaccurate information.

3. Verify ACA Reporting Codes

One of the most common causes of incorrect penalties is coding errors on Forms 1095-C.

Employers should review:

  • Line 14 offer-of-coverage codes
  • Line 16 safe harbor and enrollment codes
  • Full-time employee determinations
  • Affordability calculations

A single incorrect code can create the appearance of noncompliance even when compliant coverage was offered.

4. Gather Supporting Documentation

Documentation is essential when disputing a proposed ESRP assessment. Employers should compile:

  • Employee enrollment records
  • Offer letters and waiver forms
  • Payroll data
  • Measurement period calculations
  • ACA reporting files
  • Communications with benefits administrators or vendors

Clear documentation strengthens the employer’s response and improves the likelihood of penalty reduction or removal.

5. Submit a Timely and Complete Response

Employers respond to Letter 226J using IRS Form 14764, along with supporting explanations and documentation.

Responses generally fall into three categories:

  • Agree with the proposed penalty
  • Partially agree
  • Disagree entirely

If disputing the assessment, employers should provide concise explanations supported by evidence. In complex cases, working with ACA compliance specialists, legal counsel, or tax advisors can be valuable.

Preventing Future Letter 226J Issues

The best defense against future ACA penalties is proactive compliance management. Employers should:

  • Audit ACA reporting processes annually
  • Validate Forms 1094-C and 1095-C before filing
  • Monitor affordability thresholds each year
  • Improve employee eligibility tracking
  • Coordinate closely with payroll and benefits vendors
  • Maintain detailed compliance records

Because IRS enforcement activity continues to increase, accurate reporting and documentation are more important than ever.

Final Thoughts

Receiving IRS Letter 226J does not automatically mean an employer owes a penalty. In many cases, the issue stems from reporting discrepancies or missing information that can be corrected through a timely response.

The key is acting quickly, reviewing the IRS findings carefully, and supporting your position with accurate documentation. Employers that take a proactive and organized approach are often able to significantly reduce or eliminate proposed ACA penalties.

Because ACA reporting rules and IRS penalty calculations can be highly technical, many employers also benefit from working with experienced compliance professionals. If your company receives a Letter 226J, consider reaching out to us at ACA Compliance Solution Services for guidance on reviewing the notice, evaluating potential reporting errors, and preparing an effective response strategy.

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