The IRS issued final forms and draft instructions related to 2025 ACA reporting requirements (due in early 2026):
- 2025 Final 1094-B and 1095-B with Draft Instructions
- 2025 Final 1094-C and 1095-C with Draft Instructions
Note that although the original draft instructions were missing the new alternative distribution method for 1095-C forms authorized under the Paperwork Burden Reduction Act, a new set of draft instructions reflecting those changes was published on October 24. While it is possible that other changes could occur, most indications suggest that the final 2025 instructions will be materially the same as the newly updated draft instructions. And there do not appear to be any other material changes from this year’s instructions.
Applies To:
- All employers who were an applicable large employer (ALE) in 2025 based on their calendar year 2024 employment counts, regardless of whether a health plan is offered (1094/1095-C).
- Includes ALEs with fully-insured and self-funded health plans, including individual coverage health reimbursement arrangements (ICHRAs).
- Also includes employers who may not have averaged 50 or more full-time and equivalent employees (FTEs) in 2024 but were part of a controlled group or affiliated service group of companies that did average a combined total of 50+ FTEs, making the related entities ALE members of an aggregated ALE group.
- Small employers with level-funded or self-insured health plans, including ICHRAs (1094/1095-B).
Go Deeper:
Employers subject to these reporting requirements must observe the following deadlines for filing and distributing their 2025 ACA forms in early 2026:
- 1095-C and B forms must be furnished to individuals by March 2, 2026, reflecting a permanent automatic extension of 30 days after January 31.
- As a reminder, those choosing the new alternative method of distribution for their C-series forms must post a clear, conspicuous, and accessible notice on their organization’s website beginning March 2, 2026, and keep it on their website through at least October 15, 2026, informing people how they can download or request their 1095-C.
- Paper filings are due to the IRS by March 2, 2026.
- Importantly, employers who file in aggregate 10 or more of various types of information returns, including W-2s, 1099s, 1098s and 1095-B or C, must file their 1094/1095-C and B forms electronically. As a result, only very small employers are still able to file paper forms.
- Electronic filings are due to the IRS by March 31, 2026 (applicable to most employers).
- The penalty for failure to file electronically is $340 for each return for which the failure occurs.
Each failure to provide a required 1095 form to an individual in 2026 triggers a penalty of $340, subject to an annual penalty cap based on the employer’s gross receipts. This penalty (and cap) also separately applies for each failure to provide a correct return to the IRS. Correcting errors within 30 days reduces the penalty to $60 per failure. Correcting by August 1 reduces the penalty to $130 per failure. An intentional disregard is penalized at least $680 per failure with no penalty cap.
In addition, the 1095-C instructions were also updated to reflect that the affordability safe harbors and qualifying offer method are applied using the percentage for 2025, which is 9.02%.
As they often do, Publications 5165 (guide for electronically filing ACA information returns for software developers and transmitters), 5258 (ACA AIR submission composition and reference guide), and 5308 (guide for automated enrollment for ACA providers) have also been revised slightly. However, employers are encouraged to work with their payroll provider or other ACA filing platform for assistance with filing electronic returns.
While an additional extension to provide employees with their forms is no longer available, employers can still apply for an extension for their IRS filing deadline by submitting Form 8809 prior to the filing due date.
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