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The Wagner Law Group

The Wagner Law Group is a nationally recognized practice in the areas of ERISA and employee benefits, estate planning, employment, labor and human resources and investment management.


Established in 1996, The Wagner Law Group is dedicated to the highest standards of integrity, excellence and thought leadership and is considered to be amongst the nation's premier ERISA and employee benefits law firms. The firm has seven offices across the country, providing unparalleled legal advice to its clients, including large, small and nonprofit corporations as well as individuals and government entities worldwide. The Wagner Law Group's 31 attorneys, senior benefits consultant and four paralegals combine many years of experience in their fields of practice with a variety of backgrounds. Seven of the attorneys are AV-rated by Martindale-Hubbell and six are Fellows of the American College of Employee Benefits Counsel, an invitation-only organization of nationally recognized employee benefits lawyers.  Seven of the firm's attorneys have been named to the prestigious Super Lawyers list for 2017, which highlights outstanding lawyers based on a rigorous selection process.




Contact Info

The Wagner Law Group


  Integrity | Excellence



Tel: (617) 357-5200 

Fax: (617) 357-5250 

99 Summer Street 

13th Floor

Boston, MA 02110


Washington, D.C.

Tel: (202) 969-2800


Fax: (202) 969-2568

 800 Connecticut Avenue, N.W.

Suite 810

Washington, D.C. 20006



Tel: (847) 990-9034

Fax: (847) 557-1312

190 South LaSalle Street

Suite 2100

Chicago, IL 60603



Palm Beach Gardens 

Tel: (561) 293-3590
Fax: (561) 293-3591
7108 Fairway Drive
Suite 125
Palm Beach Gardens, FL 33418



Tel: (813) 603-2959

Fax: (813) 603-2961

101 East Kennedy Boulevard

Suite 2140
Tampa, FL  33602 


San Francisco

Tel: (415) 625-0002

Fax: (415) 358-8300

300 Montgomery Street

Suite 600

San Francisco, CA 94104


St. Louis

Tel: (314) 236-0065

Fax: (314) 236-5743
25 W. Moody Avenue
St. Louis, MO  63119 








   IRS Extends Deadline for ALEs to Distribute 2017 ACA Reporting Forms to Individuals

January 3, 2018




The IRS has issued Notice 2018-06, which provides an automatic 30-day extension to the deadline for Applicable Large Employers ("ALEs") to distribute the 2017 Affordable Care Act ("ACA") reporting forms to employees and covered individuals.


NOTE: This extended deadline applies only to distributing the 2017 ACA reporting forms to employees and covered individuals and not to the deadline for filing the forms with the IRS.


Background. ALEs are required to file Forms 1094 and 1095 with the IRS to report their compliance with the ACA's employer shared responsibility provisions (i.e., the employer mandate). In particular, Forms 1094 and 1095 provide certain information to the IRS and taxpayers regarding individuals who are covered by Minimum Essential Coverage and, therefore, not subject to the ACA's individual shared responsibility provisions (i.e., the individual mandate).


For fully-insured group health plans, the insurance carrier is responsible for furnishing the Forms 1095-B to the IRS and employees, and the employer is responsible for furnishing Forms 1095-C to the IRS. For self-funded group health plans, the employer/sponsor is generally responsible for issuing and filing both Forms 1095-B and 1095-C.


Notice 2018-06. The original deadline for ALEs to distribute 2017 Forms 1095-B and Forms 1095-C to individuals was January 31, 2018. The new deadline is March 2, 2018. Due to the IRS's automatic 30-day extension of the applicable deadline, it will not grant extension requests submitted on Form 8809.


As explained above, Notice 2018-06 does not extend the deadlines for ALEs to file the 2017 ACA reporting forms with the IRS. ALEs filing fewer than 250 returns may file on paper. The deadline for paper filing is February 28, 2018. ALEs filing 250 or more returns must file electronically through the IRS's ACA Information Return ("AIR") system. The deadline for electronic filing is April 2, 2018.


For the 2015 and 2016 filing cycles, the IRS provided ALEs with transitional relief from penalties related to incomplete or incorrect forms, if the ALE could show that it made a good faith effort to comply with the reporting requirements. In particular, this relief applied to missing and inaccurate information on the forms. However, no relief was provided for failure to file or to furnish a statement by the due dates. Notice 2018-06 confirms that this same relief also applies for the 2017 filing cycle.


Employer Takeaway. ALEs are advised to use the additional time provided by the extended deadline for furnishing the 2017 ACA reporting forms to ensure that the forms are accurate and complete. This is because filers will have less time between the distribution deadline and the filing deadline to make any required corrections.


Notice 2018-06 is available at: https://www.irs.gov/pub/irs-drop/n-18-06.pdf










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This Newsletter is provided for information purposes by The Wagner Law Group to clients and others who may be interested in the subject matter, and may not be relied upon as specific legal advice.  This material is not to be construed as legal advice or legal opinions on specific facts. Under the Rules of the Supreme Judicial Court of Massachusetts, this material may be considered advertising.