small employer

(A)For purposes of paragraph (1), the term “small employer” means, with respect to a calendar year and a plan year, an employer who employed an average of at least 2 but not more than 50 employees on business days during the preceding calendar year and who employs at least 2 employees on the first day of the plan year. For purposes of the preceding sentence, all persons treated as a single employer under subsection (b), (c), (m), or (o) ofshall be treated as one employer. (B)In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is a small employer shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. (C)Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer.

Source

26 USC § 4980D(d)(2)(A)


Scoping language

For purposes of paragraph
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