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Volume XI, Number 129


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May 06, 2021

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Thank You IRS: Extensions for This Year’s ACA Tax Reporting

The “Bottom Line”

Employers will have until March 2, 2018 to furnish Form 1095-C (“Employer-Provided Health Insurance Offer and Coverage”) to employees.

Following its recent practice, the IRS has once again extended the deadline for furnishing to employees a statement regarding offers of health coverage required by the Affordable Care Act (ACA) by 30 days, and will continue to provide employers with penalty relief if they make good-faith efforts to comply with the ACA’s tax reporting requirements. Consistent with its approach last year, the IRS did not extend the deadline for filing the related tax forms with the IRS.

As background, ACA requires large employers to report on the offers of health coverage, if any, made to each full-time employee. Large employers must report on each full-time employee, regardless of whether an offer of coverage was made to the full-time employee or whether the full-time employee enrolls in any coverage offered by the large employer. Tax reporting includes furnishing a statement (Form 1095-C) to each full-time employee and filing copies of all of these statements, along with a transmittal page (Form 1094-C), with the IRS. Sponsors of self-funded health plans must also report on each employee and dependent enrolled in self-funded health coverage, regardless of whether the employee is a full-time employee (Form 1095-C can still be used for this reporting).

This tax reporting was required in 2016 (with respect to health coverage offered in the 2015 calendar year) and in 2017 (with respect to health coverage offered in the 2016 calendar year). The next round of tax reporting is required in early 2018 (with respect to health coverage offered in the 2017 calendar year).

Just like the IRS did for the 2015 and 2016 forms, the IRS recently announced in Notice 2018-06 that it would again extend the furnishing deadline. As noted, the IRS did not extend the filing deadline. However, employers may receive an automatic 30-day extension to file if they submit Form 8809 before the deadline. With this furnishing extension, the following deadlines apply for this year’s reporting:


Original Deadline

Extended Deadline

Furnishing Form 1095-C to Employees

January 31, 2018

March 2, 2018

Filing Paper Forms 1095-C with IRS

February 28, 2018

No Extension

Electronically Filing* Forms 1095-C with IRS

April 2, 2018

No Extension

*Electronic filing required for 250 or more forms.

As noted, the IRS will also continue to permit employers to utilize the good-faith standard for penalty relief, meaning that the IRS will not impose tax reporting penalties on an employer who submits incomplete or inaccurate information on its forms so long as the employer can demonstrate that it made good-faith efforts to comply. However, employers cannot utilize this good-faith standard if they do not complete their ACA tax reporting on time.

© 2021 Foley & Lardner LLPNational Law Review, Volume VIII, Number 10



About this Author

Amy C. Ciepluch, Foley Lardner, employment law, Milwaukee, Employee Benefits, Compensation,
Of Counsel

Amy Ciepluch is a member of counsel with Foley and Lardner. Her areas of specialization include compensation law, and employee benefits & executive law. Practicing out of the East Milwauke offices, she provides professional legal services for clients, while contributing as an author for the firm. 

Marian Dodson, Foley Lardner Law Firm, Healthcare Attorney

Marian E. Dodson is an associate with Foley Lardner LLP, where she represents health care providers, governmental entities, and other private and public sector employers who sponsor retirement plans and health plans. She drafts health plan documents and provides guidance on compliance with the Affordable Care Act, COBRA, and HIPAA. She also works with defined benefit and defined contribution retirement plans, and advises plan sponsors on compliance with ERISA and the Internal Revenue Code’s tax qualification rules.

Anthony LoCoco, Foley Lardner Law Firm, Milwaykee, Labor and Employment Attorney

Anthony LoCoco is an associate and business lawyer with Foley & Larder LLP. He is a member of the firm’s Employee Benefits & Executive Compensation Practice.

Prior to joining Foley, Mr. LoCoco served as law clerk to the Honorable Annette Kingsland Ziegler of the Wisconsin Supreme Court. During law school, Mr. LoCoco was a summer associate at a top AmLaw 100 law firm in its Chicago office. Mr. LoCoco also interned for the Honorable Robert B. Foster of the Trial Court of the Commonwealth of Massachusetts and for the Honorable...

Nick J. Welle, Foley, Employment Benefits Lawyer, qualified retirement plans attorney
Senior Counsel

Nick Welle is an associate and business lawyer with Foley & Lardner LLP. His practice is focused on health and welfare plans. He also assists clients with qualified retirement plans, including defined benefit and defined contribution plans.

Mr. Welle advises employers, insurers, and brokers concerning the federal laws governing health and welfare plans, including the Affordable Care Act (ACA), Employee Retirement Income Security Act (ERISA), Internal Revenue Code (Code), Health Information Portability and Accountability Act (HIPAA), Mental...