The Four Eligibility Tests

To qualify for the SHOP Small Business Health Care Tax Credit, your Florida business must pass all four tests in the tax year you're claiming the credit:

Failing any one test eliminates eligibility. The most common disqualifier for Florida small businesses is Test 2 — average wages exceeding $62,000 — which affects professional service firms in markets like Miami, Boca Raton, and Tampa.

How to Calculate Your FTE Count

FTEs for SHOP credit purposes are calculated as follows:

Excluded from FTE count: Sole proprietors, partners, shareholders owning 2%+ of S-corps, 5%+ of other entities; family members of owners (spouse, child, parent, sibling); seasonal employees working fewer than 120 days/year.

FTE Calculation Example

Employee TypeHours/YearFTE Count
3 full-time (2,080 hrs each)6,2403.0
4 part-time (1,040 hrs each)4,1602.0
Owner (excluded)0
Total FTEs10,400 hrs5 FTEs

How to Calculate Average Wages

Average wages = total wages paid to non-owner employees ÷ FTE count. Round down to the nearest $1,000.

Example: $180,000 total wages paid ÷ 5 FTEs = $36,000 average wages. This business qualifies (under $62,000) but receives a partial credit (phase-out begins at $31,000).

The Phase-Out Schedule

The maximum credit (50% of premiums for for-profit) is reduced as FTEs exceed 10 and as average wages exceed $31,000:

Reduction FactorFormula
FTE phase-out(FTEs − 10) ÷ 15 × 100% reduction
Wage phase-out(Average wages − $31,000) ÷ $31,000 × 100% reduction

The total phase-out percentage is the sum of both reductions applied to the 50% maximum. Example: 15 FTEs and $46,500 average wages = (5/15 = 33%) + (15,500/31,000 = 50%) = 83% reduction. Effective credit rate = 50% × (1 − 83%) = 8.5%.

Florida Credit Sweet Spot: The full 50% credit applies to businesses with 10 or fewer FTEs and average wages under $31,000. This covers many Florida service businesses — landscaping, restaurant support, retail, hospitality support, and similar operations. Manatee, Marion, Polk, Volusia, and Osceola County employers in these sectors are well-positioned to claim the full credit due to lower regional average wages.

Claiming the Credit: Form 8941

The SHOP tax credit is claimed on IRS Form 8941 and attached to your annual business return:

The credit is nonrefundable for for-profit entities (cannot exceed your tax liability), but unused credit can be carried back one year or forward 20 years. Keep all premium payment records and the SHOP enrollment confirmation.

Two-Year Limit and Transition Planning

The SHOP credit can only be claimed for two consecutive tax years. After two years, the credit expires permanently for that business. This means:

Frequently Asked Questions

My Florida business had 24 FTEs last year but will have 26 this year. Can I claim the credit for the year I had 24?
Yes. Eligibility is determined annually. If you had fewer than 25 FTEs and met the other three tests in a prior tax year, you can claim the credit for that year even if you no longer qualify. You also have the option to file an amended return for prior eligible years if you didn't claim the credit at the time. The credit was available back to 2010 for qualifying businesses — amended returns can go back up to three years in most cases. Consult your tax advisor about amending prior returns.
Does the SHOP credit apply to dental and vision coverage too?
Yes, if the dental or vision plan is purchased through the SHOP marketplace. Employer-paid premiums for SHOP-enrolled dental and vision coverage count toward the credit base along with medical premiums. However, most Florida employers purchase dental and vision as standalone products outside SHOP, in which case those premiums don't count toward the credit. We can structure a bundled SHOP enrollment that maximizes the premium base eligible for the credit.

Check Your SHOP Credit Eligibility

We calculate your FTE count, average wages, and estimated credit before you commit to any plan. Call (877) 224-8539 or use the form. Florida License #L088529.