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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 six 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 28 attorneys, senior benefits consultant and three 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 2016, which highlights outstanding lawyers based on a rigorous selection process.

 

 

 

Contact Info

The Wagner Law Group

 

  Integrity | Excellence

  

Boston 

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 Ave., N.W.

Suite 810

Washington, D.C. 20006

 


Palm Beach Gardens 

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

   

Tampa

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

 

 

www.wagnerlawgroup.com

 

 

 

August 9, 2017

 

 Health and Welfare Law Alert

 

 

 

 IRS Releases 2017 Draft Forms for ACA's Employer Reporting Requirements 

 

 

 

The IRS has released draft versions of the Forms 1094 and 1095 that employers will use to satisfy their ACA reporting obligations for the 2017 tax year. 

 

Background.   The ACA amended the Internal Revenue Code to include Sections 6055 and 6066. 

 

Code Section 6055 requires employers that sponsor self-funded health plans (and other entities that provide minimum essential coverage, such as insurance carriers and governmental agencies) to report coverage information by filing an information return with the IRS and furnishing a statement to individuals.  The information is used by the IRS to administer (and for individuals to show compliance with) the individual shared responsibility provisions in Code Section 5000A.
 
Code Section 6056 requires Applicable Large Employers ("ALEs") to file information returns with the IRS to report whether they offered health coverage to their full-time employees (and their dependents) and, if so, to provide information about the offer of coverage.  ALEs must also provide a copy of this information to their employees.

  

Form 1094/1095 Information Returns.  Employers with self-funded health plans use Forms 1094-B and 1095-B to satisfy their obligations under Code Section 6055 to report health plan enrollment. 

 

 

The 2017 versions of Forms 1094-B and 1095-B remain unchanged from their 2016 counterparts. 

 

 

 

ALEs use Forms 1094-C and 1095-C to satisfy their reporting obligations under Code Section 6056 (concerning information relevant to the ACA's employer shared responsibility penalty). 

 

 

While the 2017 version of 1095-C remains unchanged from the 2016 version, the 2017 version of Form 1094-C removes the line 22 box concerning Section 4980H Transition Relief, which applied only to the 2015 plan year.  This item remained on the 2016 version of the form because some non-calendar year plans qualified for the relief during months covered by the 2016 calendar year. 

 

 

 

Action Steps for Large Employers.  Although efforts to repeal and replace the ACA continue, changes have not yet been made to employers' reporting requirements thereunder.  Accordingly, employers that sponsor self-funded health plans and ALEs should continue to prepare to file Forms 1094 and 1095 for the 2017 tax year.  

 

 

 

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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.