This EAP would not be considered an excepted
benefit and would be subject to ACA requirements.
Moreover, if you fall under this definition and are not excepted
, use any means of interstate commerce (mail, e-mail, telephone) as part of your investment advisory business and are required to register with the SEC and fail to do so, you may have violated the act, subjecting you to criminal and civil prosecution.
The proposed rules address the requirements necessary for employee assistance plans to be treated as excepted
Organizations not required to file Form 8871, and caucuses or associations of state or local officials, are excepted
from filing Form 990.
446, because it was excepted
by regulation (Brookshire Bros., TC Memo 2001-150).
As noted, an exempt organization may (but is not required to) request a ruling or determination that it is excepted
as an "affiliate of a governmental unit" from the Form 990 information reporting requirements.