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The deadline for employers to paper file the required Affordable Care Act (ACA) Reporting Forms with the Internal Revenue Service (IRS) is February 28, 2019. The deadline to electronically file is April 1, 2019. Employers who file more than 250 returns with the IRS must do their reporting electronically.

What do these filings include?

The ACA requires employers to report certain information to the IRS and plan participants each year. Reporting depends on whether an employer is an applicable large employer (ALE) and whether they sponsor a self-insured or fully insured plan.

ALEs are employers with 50 or more full-time or full-time equivalent employees in the previous calendar year. ALEs sponsoring a fully insured or self-insured plan are required to report offers of health coverage and employee enrollment using IRS Forms 1094-C/1095-C. Non-ALEs who sponsor a self-insured plan must file Forms 1094-B/1095-B. Non-ALEs who sponsor fully insured plans are not required to file with the IRS. For the filing occurring in early 2019, employers are reporting on coverage for the 2018 calendar year.

What if my company does not do ACA reporting?

There are steep penalties for failing to file or filing late, ranging from $270 per violation up to a maximum of $3,275,500 in 2019. For more information on penalties and ACA reporting, read our article: ACA Reporting Deadline Reminder.

How do I file electronically?

Employers are currently able to electronically file through the ACA Information Returns Program. For more information about filing Forms 1094/1095-B/C, see the IRS Instructions for Forms 1094-B and 1095-B, IRS Instructions for Forms 1094-C and 1095-C and IRS Guide for Electronically Filing ACA Information Returns for Software Developers and Transmitters.

Do I need to distribute ACA Reporting to my employees?

Employers must distribute a copy of IRS Forms 1095-B/C to employees by March 4, 2019 for 2018 reporting (the deadline was extended from January 31).

The information and materials on this blog are provided for informational purposes only and are not intended to constitute legal or tax advice. Information provided in this blog may not reflect the most current legal developments and may vary by jurisdiction. The content on this blog is for general informational purposes only and does not apply to any particular facts or circumstances. The use of this blog does not in any way establish an attorney-client relationship, nor should any such relationship be implied, and the contents do not constitute legal or tax advice. If you require legal or tax advice, please consult with a licensed attorney or tax professional in your jurisdiction. The contributing authors expressly disclaim all liability to any persons or entities with respect to any action or inaction based on the contents of this blog.

Emerald Law– Emerald is a Client Compliance Consultant for Sequoia, where she works with our clients to optimize and streamline benefits compliance. In her free time, Emerald enjoys stand-up comedy, live music and writing non-fiction.