Montana Form Hi - 2008 Health Insurance For Uninsured Montana Credit With Instructions Page 2
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2Form HI General Instructions
I am a seasonal employer who employs more than 20
employees on a part-time or temporary basis. Am I still
What is disability insurance?
eligible as a small employer to claim this credit?
“Disability Insurance” is insurance against:
No, you are not. Because your seasonal employees increase
• bodily injury, bodily disablement or accidental death or the
your total employee count to more than 20 employees in the
medical expense or medical reimbursement involved, or
year, you are not considered a small employer for purposes
• bodily disablement or the medical expense or
of claiming this credit. However, if your seasonal employees
reimbursements resulting from sickness.
do not increase your employee count to more than 20, you
In essence disability insurance is the same as “health
will qualify for this credit as long as you meet all the other
insurance” and includes any insurance plan offered by an
requirements of an employer.
insurance company that provides coverage such as:
I employ 20 or fewer employees who work at least 20
• personal health
hours a week. However, turnovers throughout the year
• disablement
increased the total number of individuals that work for me
• accidental death
to more than 20. Am I still eligible as a small employer to
• medical expenses or the reimbursement of these expenses
claim this credit?
However, disability insurance does not include workers’
Yes, you are. Although more than 20 individuals were
compensation insurance or credit disability insurance. You
employed throughout the tax year, your total employee count
cannot use your workers’ compensation insurance or credit
did not exceed 20 employees at any one time.
disability insurance premiums in calculating this credit.
How do I claim this credit when I am a partner or
I am an employer who provides health insurance to my
shareholder in a partnership or S corporation?
employees. What qualifi cations do I have to meet in order
When the partnership or S corporation provides health
to be eligible for this credit?
insurances for its employees, the entity will report the credit on
As an employer who provides health insurance to your
its informational tax return and provide you with your share of
employees, you must meet the requirements of the Small
the credit.
Employer Health Insurance Availability Act. In addition, you
Your share of the credit that is passed through to you by your
must answer yes to each of the following statements to qualify
S corporation or partnership is based on the same proportion
for this credit:
used by you to report your income and loss for Montana tax
• I have been in business in Montana for at least 12 months.
purposes.
• I employ 20 or fewer employees who work at least 20 hours
When the contribution is made by your S corporation or
per week.
partnership, remember to provide the entity’s name, federal
• I pay at least 50% of each Montana employee’s insurance
employer identifi cation number and your percentage of
premiums.
ownership.
What is the Small Employer Health Insurance Availability
Can I carry any of my excess health insurance credit back
Act?
to a prior year or forward to a subsequent year?
The Small Employer Health Insurance Availability Act was
No, you cannot. Your credit cannot exceed your tax liability.
created by the Montana legislature in 1993. The purpose of
You cannot carry back or carry forward any of your unused
this act is to:
credit.
• promote the availability of health insurance coverage to
small employers regardless of health status or claims
What information do I have to include with my tax return
experience
when I claim this credit?
• establish rules regarding renewability of coverage
When you claim this credit, attach a copy of Montana Form HI
• establish limitations on the use of preexisting condition
to your individual income tax or corporate license tax return. If
exclusions
you are an S corporation or a partnership and are claiming this
• provide for the development of basic and standard health
credit, attach Montana Form HI to your Montana information
benefi t plans to be offered to all small employers
return Form CLT-4S or PR-1 and include a separate statement
identifying each owner and their proportionate share of this
• provide for the establishment of a reinsurance program
credit.
• improve the overall fairness and effi ciency of the small
employer health insurance market
What limitations apply to this credit?
How can I determine if I am a small employer who
The credit cannot exceed 50% of the premium cost for each
qualifi es for this credit?
employee and cannot be claimed for a period of more than
36 consecutive months. A tax credit cannot be granted to an
You are a small employer if you are an individual, fi rm,
employer or the employer’s successor within 10 years of the
corporation, partnership, or a bona fi de association that is
last consecutive credit claimed.
actively engaged in business and that employs at least two
but not more than 20 employees who work at least 20 hours
Please note: If you are using insurance premiums to calculate
a week during the year the credit is claimed. An employee, for
the Insure Montana small business health credit (which is a
the purpose of this credit, can be the sole proprietor himself
separate credit), then premium payments cannot be used to
or herself, a partner in a partnership, or an independent
calculate the health insurance for the credit.
contractor as long as each one of these classes of employees
If you have questions, please call us toll free at (866) 859-2254
are included as an employee under your employer health
(in Helena, 444-6900).
benefi t plan.
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