The Wagner Law Group
Wagner Law Group, A Professional Corporation, is a nationally
recognized ERISA & employee benefits, estate planning,
employment, labor & human resources practice.
in 1996, The Wagner Law Group has 26 attorneys engaged
exclusively in employee benefits, estate planning and
employment law. Six of our attorneys are AV rated by
Martindale-Hubbell as having very high to preeminent legal abilities
and ethical standards. The firm is among the largest ERISA boutiques
in the country. Our practice is national in scope, with clients in
more than 40 states and several foreign countries.
Wagner Law Group
Tel: (202) 969-2800
Fax: (202) 969-2568
800 Connecticut Avenue, N.W.
Washington, D.C. 20006
Fax: (561) 293-3591
7108 Fairway Drive
Palm Beach Gardens, FL 33418
East Kennedy Boulevard
Tampa, FL 33602
Francisco, CA 94104
100 South 4th Street, Suite 550
St. Louis, MO 63102
January 19, 2017
Health and Welfare Law
IRS Updates Guidance on ACA
Information Reporting by Health Coverage Providers
has released updated Q&As to explain the information reporting
requirements under the Affordable Care Act ("ACA").
Background. The ACA added Section 6055 to the Internal
Revenue Code, which requires every provider of minimum essential
coverage to report certain information by filing a report with the
IRS and furnishing a statement to covered individuals. The IRS
uses this information to enforce the ACA's individual shared
from the Q&As are as follows:
plans. Employers that
sponsor insured health plans do not report as providers of health
coverage under Section 6055. Rather, the insurer is responsible
for reporting the coverage.
- For a
self-insured group health plan maintained by a single employer,
the plan sponsor is the employer.
- For a plan
maintained by more than one employer but is not a multiemployer
plan, each participating employer is a plan sponsor.
- For a
multiemployer plan, the plan sponsor is the association,
committee, joint board of trustees, or other similar group of
representatives of the parties who establish or maintain the
- For a plan
maintained solely by an employee organization, the plan sponsor
is the employee organization.
- For any plan
for which a plan sponsor is not identified above, the plan
sponsor is the person designated by plan terms or, if no person
is designated, each entity that maintains the plan.
Controlled groups. Plan sponsors in a controlled group may report
under Section 6055 as separate entities or may have one entity report
for the entire controlled group.
Reporting of supplemental benefits. No reporting is required for supplemental
benefits (e.g., excepted benefits such as coverage at an on-site
clinic) if such benefits are not minimum essential coverage.
Information required to be reported to IRS. The information that employers must
report to the IRS is as follows:
- The name,
address, and EIN of the employer;
- The covered
individual's name, address, and SSN (or date of birth if a SSN
is not available);
- The name and
SSN (or date of birth if a SSN is not available) of each
individual covered under the policy or program and the months
for which the individual was enrolled in coverage and entitled
to receive benefits.
Information required to be reported to
individuals. In addition
to the information reported to the IRS, employers must provide a
telephone number for questions about information in the statement.
When to report for 2016. IRS has extended the due date for furnishing
2016 statements (i.e., Forms 1095-B) to individuals from
January 31, 2017, until March 2, 2017. It has not extended the due
date for filing the 2016 Form 1094-B with the IRS.
Although IRS has not extended the due date for
filing Form 1094-B, the extension explained above does not affect the
normal provisions regarding automatic extensions of time for filing
information returns, which can be obtained by submitting a Form 8809,
"Application for Extension of Time To File Information Returns."
Also, it does not affect the provisions regarding additional
extensions of time to file.
Penalties for 2016 coverage reporting. The penalty under Code Section 6721 (i.e.,
$250 for each return to which the failure applies) may apply to an
employer that fails to file timely information returns, fails to
include all the required information, or includes incorrect
information on the return. The penalty under Code Section 6722
(i.e., $250 for each statement to which the failure applies)
may apply to an employer that fails to furnish timely the statement,
fails to include all the required information, or includes incorrect
information on the statement. The IRS may waive such penalties
where a coverage provider can demonstrate that it used good faith in
attempting to comply with the reporting requirements or that there is
reasonable cause for the failure.