This blog was authored by Shardé C. Thomas
The Internal Revenue Service (“IRS”) recently released the final versions of the information reporting forms that Applicable Large Employers (i.e. large employers subject to the employer mandate) and employers sponsoring self-insured plans are required to file annually under the Affordable Care Act (“ACA”). The final forms do not contain significant revisions to the previous version of draft forms.
The first reporting deadline is February 28, 2016, as to the data employers collect during the 2015 calendar year. The first deadline is March 31, 2016, for employers filing electronically. If an employer is filing 250 or more returns, the employer is required to file electronically. The reporting provides the IRS with information it needs to enforce the Individual Mandate (i.e. individuals are penalized for not having health coverage) and the Employer Mandate (i.e. large employers are penalized for not offering affordable minimum value health coverage to full-time employees). The IRS will also require employers who offer self-insured plans to report on covered individuals.
Employers must provide annual written statements identifying reported information to all employees on whom the employer is reporting by January 31st, beginning in 2016.
Forms 1094-C, 1095-C, 1094-B, and 1095-B can be found on the IRS website. Instructions for forms 1094-C and 1095-C can be found here. Instructions for forms 1094-B and 1095-B can be found here. The IRS has also published a brochure summarizing the new reporting requirements, which can be found here.
Which Forms Do I File?
|Employer Description||Applicable Forms|
|Applicable Large Employer Offering Fully-Insured Coverage||1094-C and 1095-C (except Part III)|
|Applicable Large Employer Sponsoring Self-Insured Coverage||1094-C and 1095-C (incl. Part III)|
|Applicable Large Employer Offering Self-Insured Coverage to Non-Employees (e.g. retirees/COBRA qualified beneficiaries)||1094-C and 1095-C1094-B and 1095-C|
|Small Employer (non-ALE) Sponsoring Self-Insured Coverage||1094-B and 1095-B|
|Small Employer Offering Fully Insured Health Plans||Not Applicable|
You may find additional information on the ACA at http://www.lcwlegal.com/ACA.