Time keeps on slippin’, slippin’, slippin’… into the future with an extended deadline for Form 1095-C and Form 1095-B reporting

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by Becky Achten and Bret Busacker

The Internal Revenue Service has extended the due date for providing the 2019 Form 1095-C (applicable to large employers as explained below) and the Form 1095-B (generally applicable to insurance carriers) to participants from January 31, 2020 to March 2, 2020.  The deadlines for filing the 2019 Forms 1094-B, 1095-B, 1094-C and 1095-C with the IRS remain at February 28, 2020, for paper submissions, or March 31, 2020, if filing electronically.

In addition, the IRS has issued relief for insurance carriers generally required to provide the Form 1095-B.  Because there is no individual penalty for not having minimum essential coverage in 2019, individuals don’t need the 1095-B in order to calculate a tax penalty or file an income tax return.  Therefore, the IRS will not assess a penalty to entities that do not provide a Form 1095-B if they meet the following conditions:

  • The reporting entity must post a prominent notice on its website stating that individuals may receive a copy of their 2019 Form 1095-B upon request, along with contact information to make such a request; and
  • The reporting entity must furnish the 2019 Form 1095-B within 30 days of a request.

This reporting relief does not extend to the Form 1095-C because the Form 1095-C also satisfies an applicable large employer’s reporting obligations under the ACA shared responsibility rules, which continue to apply. 

As part of the Affordable Care Act (ACA), employers with 50 or more full-time employees (Applicable Large Employers, “ALEs”) are required to report to employees and the IRS information regarding the health insurance offered.  The IRS uses this reporting to determine if employers are subject to shared responsibility penalties under Code Section 4980H.

If you have questions regarding your reporting responsibilities or have received an Employer Shared Responsibility Payment assessment and need assistance responding, contact your Holland & Hart LLP benefit advisor.