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Vol. 6,  #10 October 1, 2015

CREDIT CARD CHIP READERS

Retailers update equipment to
meet October 1, 2015 deadline

        
      Most retailers in the United States are in the process of replacing their old magnetic strip reader credit card machines with the new chip card reader machines or "EMVs".  This is in response to the October 1, 2015 deadline imposed by most major credit card companies who are seeking to reduce credit card fraud by utilizing more secure technology.  

     The EMV credit cards provide greater security over the the magnetic strip credit cards.  EVM cards are harder to counterfeit and significantly reduce a thief's ability to "skim" personal information from the credit card.

     To encourage retailers to install the new EMV machines major credit card companies are implementing new rules and procedures on October 1, 2015. Specifically, the contractual agreements between retailers and the credit card companies are expected to be amended to shift liability for credit card fraud from the credit card company to the retailer if the retailer did not use an EVM.  As the failure to use the EMVs can greatly increase your legal liability it is recommended that you update your credit card readers.  

     For more information on your rights and obligations under these new contractual obligations with the credit card companies or to have your credit card agreements reviewed to determine the extent of your legal liability for credit card fraud call the LaBonte Law Group at 516-280-8580.            
      
     
NEW AFFORDABLE HEALTH CARE ACT REPORTING REQUIREMENTS FOR 2016

Employers Urged to Start Preparations Now


     The IRS is reminding "large" employers (those with 50 or more full time equivalent employees) that they should act now to prepare for the new Affordable Care Act ("ACA") reporting requirements scheduled to begin in early 2016.  The ACA requires large employers to file information returns in 2016 with the IRS and provide statements to their full-time employees about the health insurance coverage provided. 

     The IRS noted that "to prepare for the reporting requirements in 2016, applicable large employers should be tracking information each month of 2015, including:

(a) Whether you offered full-time employees and their dependents minimum essential coverage that meets the minimum value requirements and is affordable, and;

(b) Whether your employees enrolled in the self-insured minimum essential coverage you offered."

Compliance with these rules is mandatory.  Failure to file the required informational returns (or filing incomplete or inaccurate forms) could result in both reporting penalties and penalties under the ACA's shared responsibility provisions (the so-called pay or play mandate).

What needs to be reported?

Forms 1094-C and 1095-C:
Large employers will be required to prepare Forms 1094-C and 1095-C for each of its full-time employees, regardless of whether they offer a fully insured health plan, a self-funded health plan, or both.  If a large employer offers only a fully insured health plan, it must complete only parts I and II of Form 1095-C for each of its full-time employees, while the insurance company will be required to prepare separate Forms 1095-B to report coverage for those same full-time employees.  However, if the large employer offers employer-sponsored self-insured health coverage in which the employee or other individual actually enrolls, that large employer must complete parts I, II, and III of the Form 1095-C. Form 1094-C is the transmittal form to the IRS for the Forms 1095-C.

The information needed to complete these forms includes whether the employee and dependents were offered coverage, the cost of coverage, and identifying information not only for the employee, but also for his or her dependents. The information must be captured and reported for each month of the calendar year.

Filing and Distribution Deadlines:
Forms 1095-C or 1095-B must be distributed to employees by February 1, 2016. However, employers should take steps now to ensure that they will be able to timely comply with the new reporting requirements. 

For more information on your reporting requirements call the LaBonte Law Group at 516-280-8580.  
 
Should you have any questions or need advice on anything related to the dealership please do not hesitate to give me a call or send me an e-mail.  Your questions will be answered promptly!!!

Sincerely,

Stevan LaBonte

Stevan H. LaBonte, Esq.
LaBonte Law Group, PLLC
100 Ring Road West, #108
Garden City, NY 11530
 
516.280.8580 (Phone)
631.794.2434 (Fax)