The IRS recently released draft instructions for Forms 1094/1095 that correspond with the draft Forms 1094/1095 the IRS released in July (please see our prior blog post on the draft forms here). Highlights of the changes and clarifications in the draft instructions for Forms 1094/1095 include:

  • Certain transition relief available in 2015 remains available for non-calendar year plans for the portion of the 2015 plan year that ends in 2016;
  • Certain coding used in Forms 1094-C/1095-C has been reserved for 2016; and
  • Retirees who separated from employment should be reported the same as COBRA participants who separated from employment.

Filing Dates and Extensions:

To the IRS. The 2016 Form(s) 1094-C and accompanying Forms 1095-C must be filed electronically with the IRS by March 31, 2017 (February 28, 2017 if paper filing is used). An automatic 30-day extension is available if filed no later than the due date. Another 30-day extension may be requested for cause.

To Employees/Individuals. The 2016 Forms 1095-C must be provided to employees by January 31, 2017. A 30-day extension may be requested for cause.

The draft instructions for Forms 1094-C/1095-C are available here. The draft instructions for Forms 1094-B/1095-B are available here.