Similar to last year, the Internal Revenue Service has given employers an additional holiday gift – an extension of the deadlines for delivery (but not filing) of 2016 Forms 1094 and 1095.

ACA INFORMATION REPORTING

As outlined in our prior alert, ACA Year-End Reporting (found here), all employers who qualify as applicable large employers, and all insurers and self-insured employers, are required to provide certain information statements to individuals and file certain reports with the IRS. For the 2016 reporting year, the deadlines by which forms must be provided has been extended, but the filing dates have not been extended, as follows:

Form

Old Deadline

New Deadline

Delivery of Form 1095-C and 1095-B Statements to Individuals

January 31, 2017

March 2, 2017

Filing of Form 1094-C and 1094-B Reports with IRS

February 28, 2017 if filing on paper

March 31, 2017 if filing electronically

No Change


GOOD FAITH COMPLIANCE

Last year's extension also provided that penalties for incorrect or incomplete information on the forms were waived if employers could show good faith efforts to comply with the information reporting requirements. This has now been extended for the 2016 filings to be made in 2017. There is no relief for failures to file. So, again, it is better to file with a best effort than not to file.