Extended Deadlines for 2020 ACA Forms

The IRS recently announced limited relief from some of the 2020 ACA reporting requirements (IRC Sections 6055 and 6056). Specifically, the relief has to do with the 1095-B and 1095-C forms, which relate to reporting individuals’ coverage.

Here are the changes employers need to note:

First, the good faith penalty relief was extended for 2020. This means that no penalties will be assessed on employers that report incorrect or incomplete information on their ACA reporting, as long as they can show a good faith effort was made to comply with the requirements. However, penalty relief isn’t available if the employer misses a deadline or fails to file, and doesn’t apply to any employer mandate penalties.

Second, the deadline for distributing 1095-B and C forms to employees was extended from January 31 to March 2, 2021. This gives employers an extra 30 days to issue 1095 forms to employees.

The deadlines for filing ACA reports with the IRS, however, will remain the same. As a reminder, paper filings are due to the IRS by February 28, 2021 and electronic filings are due as of  March 31, 2021. Filers can apply for an extension with the IRS.

Third, because the individual mandate penalty is $0 in 2020, individuals no longer need enrollment information on the 1095-B to file their federal tax return. As a result, the IRS will not assess penalties against employers or coverage providers that fail to distribute 1095-B forms, as long as the employer puts a notice on their website that a copy can be requested, and the 1095-B is provided within 30 days of the individual’s request. However, remember that employers are still required to file either the B or C forms with the IRS, and others may have to contend with state-specific health care reporting requirements.

Lastly, applicable large employers that sponsor self-insured plans must still report enrollment information for full-time employees and dependents on Part III of the 1095-C.

IRS Notice 2020-76: https://www.irs.gov/pub/irs-drop/n-20-76.pdf