124 STAT. 255 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(3) APPLICABLE PREMIUM TAX CREDIT AND COST-SHARING REDUCTION.—The term ‘applicable premium tax credit and cost- sharing reduction’ means— ‘‘(A) any premium tax credit allowed under section 36B, ‘‘(B) any cost-sharing reduction under section 1402 of the Patient Protection and Affordable Care Act, and ‘‘(C) any advance payment of such credit or reduction under section 1412 of such Act. ‘‘(4) FULL-TIME EMPLOYEE.— ‘‘(A) IN GENERAL.—The term ‘full-time employee’ means an employee who is employed on average at least 30 hours of service per week. ‘‘(B) HOURS OF SERVICE.—The Secretary, in consulta- tion with the Secretary of Labor, shall prescribe such regu- lations, rules, and guidance as may be necessary to deter- mine the hours of service of an employee, including rules for the application of this paragraph to employees who are not compensated on an hourly basis. ‘‘(5) INFLATION ADJUSTMENT.— ‘‘(A) IN GENERAL.—In the case of any calendar year after 2014, each of the dollar amounts in subsection (b)(2) and (d)(1) shall be increased by an amount equal to the product of— ‘‘(i) such dollar amount, and ‘‘(ii) the premium adjustment percentage (as defined in section 1302(c)(4) of the Patient Protection and Affordable Care Act) for the calendar year. ‘‘(B) ROUNDING.—If the amount of any increase under subparagraph (A) is not a multiple of $10, such increase shall be rounded to the next lowest multiple of $10. ‘‘(6) OTHER DEFINITIONS.—Any term used in this section which is also used in the Patient Protection and Affordable Care Act shall have the same meaning as when used in such Act. ‘‘(7) TAX NONDEDUCTIBLE.—For denial of deduction for the tax imposed by this section, see section 275(a)(6). ‘‘(e) ADMINISTRATION AND PROCEDURE.— ‘‘(1) IN GENERAL.—Any assessable payment provided by this section shall be paid upon notice and demand by the Secretary, and shall be assessed and collected in the same manner as an assessable penalty under subchapter B of chapter 68. ‘‘(2) TIME FOR PAYMENT.—The Secretary may provide for the payment of any assessable payment provided by this section on an annual, monthly, or other periodic basis as the Secretary may prescribe. ‘‘(3) COORDINATION WITH CREDITS, ETC..—The Secretary shall prescribe rules, regulations, or guidance for the repayment of any assessable payment (including interest) if such payment is based on the allowance or payment of an applicable premium tax credit or cost-sharing reduction with respect to an employee, such allowance or payment is subsequently disallowed, and the assessable payment would not have been required to be made but for such allowance or payment.’’. Regulations. Guidance. Regulations. Guidance.
Page:United States Statutes at Large Volume 124.djvu/281
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