What are the ACA Reporting Penalties?

When an Applicable Large Employer (ALE) fails to comply with their ACA reporting requirement, they will then be subject to various penalties.  These penalties apply both for not providing forms timely to employees as well as not filing timely to the IRS.

The penalties are as follows:

  • Did you fail to file a return, and on-time?  The penalty will be $250 for each return up to a maximum of $3,000,000.
  • Did you fail to provide your employees with their statements, and on-time?  The penalty will be $250 for each return up to a maximum of $3,000,000.

If there ever is intentional disregard of the requirement to provide employee statements, the total penalties stand to be increased from the base fines listed above.
The waiver of penalty and special rules under section 6724 and the applicable regulations, including abatement of information return penalties for reasonable cause, may apply to certain failures under section 6721 or 6722.

ACA Reporting Delay: Impact On Individual Tax Filings

One of the most common questions we are receiving is regarding the impact to employees filing their own personal taxes now that there has been an extension of time allowing employers and organizations until the end of March 2016 to supply forms 1095-B and 1095-C to their employees.  The concern rises when employers consider how employees can complete their normal tax filings without being provided the forms showing their health coverage for the year.

The IRS recently released some guidance to assist us with understanding this topic.  In their guidance they have said, “Due to these [ACA reporting] extensions, some individual taxpayers may not receive a Form 1095-B or Form 1095-C by the time they are ready to file their 2015 tax return. While the information on these forms may assist in preparing a return, they are not required. Like last year, taxpayers can prepare and file their returns using other information about their health insurance. Individuals do not have to wait for their Form 1095-B or 1095-C in order to file.

The IRS has not extended the due dates for Health Insurance Marketplaces to issue Form 1095-A. Individuals who enrolled for coverage through the Marketplace should receive Form 1095-A by February 1, 2016 and should wait to file their returns until the receive their Form 1095-A.”

The IRS has also said that individuals can rely on information from their employer or provider without having to amend their return later.  https://www.irs.gov/Tax-Professionals/ACA-Information-Center-for-Tax-Professionals


So what is the overall actual impact?  

Since the forms 1095-B and 1095-C are informational returns, much like 1099’s and W-2’s, the extended filing deadline for employers will not affect companies income tax returns.  Also, it would seem to reason that individuals will not have to file amended returns if they have wrong (or no) information from their employers due to the extensions.  Likely, the IRS will punt on the individual mandate penalties for this year in some cases.

Specifically, on the form 1040 of individuals, there is a line 61 & 62 (shown below) and they will need to complete as part of filing their taxes.

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IRS Changes ACA Reporting Deadlines …

Today the IRS and Treasury Department released guidance extending some of the Affordable Care Act reporting guidelines.  Simply put, the extensions will allow for the following:

  • Employers will have an additional two months (until the end of March 2016) to provide employees with the forms 1095-B and 1095-C, and
  • Employers will have an additional three months to file with the IRS.  
    • New paper form filing deadline:  May 31st, 2016
    • New e-filing form filing deadline:  June 30th, 2016

To learn more you can see the actual guidance by clicking here.

All Large Employers MUST Complete ACA Reporting (Even Fully Insured Groups)

All Large Employers MUST Complete ACA Reporting (Even Fully Insured Groups)

This comes as a surprise to many, but YES – if you are an employer with 50+ employees (or full time equivalent employees), you must complete ACA Reporting to the IRS (forms 1094 and 1095).

But I’m Fully Insured . . . My insurance carrier will take care of this right?   No!

You might have thought that your insurance carrier was going to take care of this, but they only report the portion that they are required to report as an insurance carrier.  Employers still have additional responsibilities.  


The easiest way to think about this is by considering what the Affordable Care Act accomplished:

  • Individual Mandate – all US citizens must now have health insurance or pay a penalty
  • Employer Mandate – all large employers (50+ employees) must offer coverage and that coverage must be affordable
  • The IRS is in charge of making sure these things happen.

So how does the IRS make sure that an individual did have health insurance and doesn’t owe an individual tax penalty?

This is accomplished through the IRS receiving specific forms from the various places that an individual could have coverage:

  • The exchanges send the IRS the ‘A’ Forms (1095A)
  • The insurance carriers send the ‘B’ Forms (1095B)
  • And self insured employers must report everyone covered under their plan for the year using the ‘C’ Forms (part 3 of 1095C)

How does the IRS make sure each large employer (a) offered coverage and (b) that the coverage was affordable?

This is accomplished through the IRS receiving a completed form 1095 by ALL LARGE EMPLOYERS.  Specifically, part 2 of form 1095C is used to accomplish this task.

So as you can see this is not something that will be fulfilled by insurance carriers, and the penalties for not filing are substantial.  (IRS Fines)

Have questions?  Contact us from the support tab.  Thanks!

 

Top ACA service vendors implement cutoff dates for new clients!

Supreme Court Rules In Favor of Subsidies

Last Thursday (June 25th) the Supreme Court approved federal subsidies for health insurance under the Affordable Care Act. So the result? The ACA and all the mandates that go with it are not going anywhere soon. This is forcing employers to ask themselves the hard hitting question, “Are we ready for the ACA mandate”?

Are Employers Really Ready for ACA?

The reality is that the majority of employers have not yet begun to implement a strategy to comply with the new ACA compliance requirements. With the first reports being due by January 2016, many employers are left scrambling for a solution. According to a recent survey roughly 85 percent of mid-sized employers do not have a solution in place that will allow them to submit the required data. With all of this stress pressing down on employers, who will they turn to for the answers? That’s right, they are looking to their Benefit brokers and Payroll providers.

Time is running out for ACA Employer Reporting!

Yes, you read that correctly. The demand for ACA reporting services are growing so quickly that large technology vendors are saying “no more” to new clients after the cutoff dates. The service providers below have announced their cutoff dates for this year:

  • Equifax – August 2015
  • Equifax e(fx) – July 31, 2015
  • ADP National – Mid-July 2015
  • ADP Major – June 17, 2015

If you are still looking for a solution for your 6056 reporting and filing needs, then you are clearly running out of time. So not only is the timeline for implementation diminishing, but the availability of quality vendors is also dwindling.

Are you concerned yet? You don’t have to be. We are still here to help. Let our ACA specialists assist you in determining the reporting solutions that are right for you.

ACA Reporting Fast Turn Around


Just a quick marketplace update for anyone interested.  We are proud to announce that our current turn around time for producing final forms 1095-C for employees is within 48 hours of receiving final workbook data necessary to create these forms.  We are incredibly proud of our staff who has been able to make this quick of a turn around time reality.  So if you are in need of some quick help, give our customer service department a call!

Still need help with reporting?  We are accepting clients for 2015 calendar year reporting.  Visit the pricing section of our website for more information.

Form 1095-C Printing & Mailing Service Released

If you have not heard the news yet, we have recently opened up our form 1095-B and form 1095-C mailing services to employers.  The feedback we have received thus far is that we are one of the least expensive option in the marketplace, especially when considering the total value we bring to the process.

You can learn more by visiting this page on our website here…

In addition, we have released a form 1095-C code calculator to assist employers with knowing more of the logic regarding how lines 14, 15 and 16 work.  This is being provided courtesy of TaxForm1095.com.  You can see this calculator on our website from here.