Okay, I thought it was 50. I also thought the non compliance daily penalty excluded the first 50, as well. From some more brief research, looks like I was wrong.
I did most of my research on this 2-3 years ago, when people were still figuring it out.
I've been opposed to the employer provisions of the ACA since day 1, even when I thought our restaurant wouldn't be affected. I simply think health care should be divorced from employment altogether.
The problem is we can research one day and the next day there's a new interpretation. Many CPAs struggled mightily in December 2014 and January 2015 as new information seemed to come out weekly. The penalties were affecting our small clients with under 50 employees. Most of us initially just assumed we didn't have an issue with employers having less than 50 employees. We couldn't have been more wrong.
Also during tax season almost every person that came in who had went on the exchange and obtained insurance and a subsidy got surprises on their return. Almost every one of them had underestimated their income. Therefore when we prepared their returns they owed part of the subsidy back. Nothing worse than telling a young single mom working as waitress and attending college she owes the IRS money when she's used to large refunds because of earned income credit. This was most stressful tax season I've had in 30 years. I looked so bad after tax season my golf buddies didn't even give me a hard time when I got on the course after the 15th.
No doubt our health care system needs fixed. I just don't think the ACA fixed it.
BTW Goat I love your posts regarding religion. Would love to have you come down and argue with some of the AMISH/Mennonite bishops I grew up with.