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IRS Releases Draft ACA Reporting Forms and Guidance on Electronic Filing

The IRS recently released the following draft forms that employers will use to report certain information required by the Affordable Care Act (the “ACA“):

  • Form 1094-B (Transmittal of Health Coverage Information Returns);
  • Form 1094-C (Transmittal of Employer-Provided Health Insurance Offer and Coverage Information Returns);
  • Form 1095-B (Health Coverage); and
  • Form 1095-C (Employer-Provided Health Insurance Offer?áand Coverage).

For more information on these forms and reporting required under the ACA, please see our prior newsletter post here.

These ACA forms must be filed electronically with the IRS on the new Affordable Care Act Information Return (“AIR“)?ásystem, rather than on the Filing Information Returns Electronically (“FIRE“)?ásystem that is used to file other returns with the IRS. Employers that intend to directly file using the AIR system, rather than having a third party file on their behalf, should review the new IRS guidance on the AIR system to ensure that the employer can submit the ACA forms in the required format.

A copy of draft form 1094-B is available here.
A copy of draft form 1094-C is available here.
A copy of draft form 1095-B is available here.
A copy of draft form 1095-C is available here.

Additional information on the AIR system can be found on the IRS’s “Affordable Care Act Information Returns (AIR) Program – Did You Know?” webpage, which is available here.

The lawyers of our Employee Benefits and Executive Compensation Practice Group are readily able to assist companies on a nationwide basis with implementing sophisticated benefit plans and providing answers to their most challenging compensation issues. Additionally, our lawyers are well aware of the daily employee benefits challenges facing companies of all sizes and are capable of helping in-house lawyers and human resources personnel with the day-to-day advice and guidance necessary to properly administer employee benefits plans.

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