This Special Bulletin was written by Heather DeBlanc and Amit Katzir.

Notice 2019-63 extends the deadline under the Affordable Care Act for applicable large employers to furnish individuals with a Form 1095-C for 2019.  The new due date is March 2, 2020, but the IRS will not consider further extensions.  The new March 2 deadline also applies to small employers sponsoring self-insured coverage that furnish individuals with 2019 Forms 1095-B.  A failure to timely furnish the requisite forms may subject employers to penalties.

Importantly, the notice does not extend the February 28, 2020 deadline for paper filing Forms 1094-B, 1095-B, 1094-C, or 1095-C with the IRS, or the March 31, 2020 deadline to e-file.

Notice 2019-63 provides additional relief to self-insured small employers.  Instead of furnishing individuals with a 2019 Form 1095-B, the small employer may: 1) post a notice prominently on its website stating that responsible individuals may receive a copy of their 2019 Form 1095-B upon request, accompanied by certain contact information, and 2) furnish a 2019 Form 1095-B within 30 days of such a request.   A small employer who provides self-insured coverage will not be penalized for failure to furnish Form 1095-B to individuals if it meets both of these requirements.

In addition, as in past years, the notice provides relief from penalties for incorrect or incomplete reporting to the IRS, provided that the reporting entity can show that it made a good-faith effort to comply with the ACA’s information-reporting requirements.  However, this relief does not apply where a reporting entity fails altogether to make the requisite filings.