Guide

What is IRS Letter 226-J?

Letter 226-J is the IRS's opening move in the Employer Shared Responsibility Payment (ESRP) process — a proposed payment under IRC §4980H, not a final bill. Here's what's inside it, how much time you have, and what happens at each stage.

What the letter is

Letter 226-J is the initial letter the IRS issues to applicable large employers (ALEs) — employers that averaged at least 50 full-time employees, including full-time equivalents, during the preceding calendar year — to notify them they may be liable for an Employer Shared Responsibility Payment.

The IRS builds its proposal from two data sources: the Forms 1094-C and 1095-C you filed, and the individual income tax returns of your full-time employees — specifically whether any of them were allowed a premium tax credit (PTC) for Marketplace coverage.

Source: IRS — Understanding Your Letter 226-J; IRS ESRP Q&A.

What's inside the envelope

  • A brief explanation of §4980H and why the IRS thinks a payment is due.
  • An ESRP summary table itemizing the proposed payment by month, indicating for each month whether the liability is asserted under §4980H(a) or §4980H(b) — or neither.
  • Form 14764 (ESRP Response) — the form you complete to indicate agreement or disagreement.
  • Form 14765 (Employee PTC Listing) — the month-by-month list of employees the IRS considers assessable, with the Line 14/16 codes from each employee's Form 1095-C.

The 14765 is where responses are won or lost: it's the IRS's factual claim about which employee-months are assessable, and every month on it can be checked. See 14765 reconciliation, explained.

The response deadline

The Employer Reporting Improvement Act (P.L. 118-168, signed December 23, 2024) requires the IRS to give ALEs at least 90 days to respond to Letter 226-J.

Two cautions. First, IRS.gov's own ESRP Q&A page still says responses are "generally" due 30 days from the letter — that page predates the statute change. Second, the scope of the 90-day rule for older tax years is not fully settled in published guidance. The response date printed on your letter controls. Use our free deadline calculator as a planning aid, then confirm against the letter.

If you don't respond by the response date, the IRS assesses the proposed amount and issues Notice CP 220J — notice and demand for payment. The time to reconcile the 14765 is before that happens.

Sources: P.L. 118-168 (congress.gov); IRS ESRP Q&A.

The two payment tracks: (a) vs (b)

The summary table in your letter labels each month (a), (b), or neither. The distinction matters because the math differs:

  • §4980H(a) — the ALE offered coverage to fewer than 95% of its full-time employees (and dependents), and at least one full-time employee received a PTC. Exception: if the ALE offered coverage to all but five or fewer full-time employees, the (a) payment doesn't apply. Statutory base: (full-time employees − 30) × $2,000 per year, computed monthly.
  • §4980H(b) — the ALE offered coverage to at least 95% of full-time employees, but at least one full-time employee still received a PTC (not offered coverage individually, or the offer was unaffordable / lacked minimum value). Statutory base: (employees who received a PTC) × $3,000 per year, computed monthly — capped at the (a)-equivalent amount.

Both dollar figures are adjusted annually for inflation. Full-time equivalents count toward ALE status but not toward the payment calculation.

Source: IRS ESRP Q&A — liability and payment computation.

What happens after you respond

The IRS answers with one of the Letter 227 variants:

  • 227-J — you signed an agreement; ESRP assessed; case closed.
  • 227-K — ESRP reduced to zero; case closed.
  • 227-L — revised ESRP with an updated 14765; agree, or request a meeting with the manager and/or Appeals.
  • 227-M — ESRP unchanged; agree, or request a meeting with the manager and/or Appeals.
  • 227-N — Appeals decision; case closed.
  • 227-O — revised ESRP for tax-exempt and government entities.

After 227-L or 227-M, you may request a pre-assessment conference with the IRS Office of Appeals in writing by the response date on that letter.

Source: IRS — Understanding Your Letter 227.

Reconcile before you respond. The 226-J Reconciliation Pack ($129) checks every month on your 14765 against your 1095-C codes and the three safe harbors, then assembles your Form 14764 response. Start with the free deadline check.

This guide is general information, not legal or tax advice. Statutes and IRS pages change — verify against the sources linked above.