On November 29, 2018, the IRS issued Notice 2018-94, which extends the due date for certain Affordable Care Act (ACA) information reporting requirements for insurers, self-insured plan sponsors and "applicable large employers." The IRS has extended the deadline for furnishing 2018 Form 1095-B and 2018 Form 1095-C to individuals from January 31, 2019 to March 4, 2019.
Notice 2018-94 does not extend the deadline for filing the 2018 forms with the IRS. The IRS filing deadline remains April 1, 2019 (or February 28, 2019 if not filing electronically).
Despite the extension, the IRS is encouraging reporting entities to furnish Form 1095-B and 1095-C statements as soon as they are able.
"Good Faith" Compliance Standard Extended to 2018
In addition to extending the due date for furnishing forms to individuals, Notice 2018-94 also extends the "good faith" transition relief from penalties to 2018 reporting. Under the transition relief, employers and other reporting entities will not be penalized for providing incorrect or incomplete information on the 2018 forms if they can demonstrate that they have made good faith efforts to comply with the reporting requirements.
In determining whether a reporting entity reported in "good faith," the IRS will take into account whether the reporting entity made reasonable efforts to prepare for reporting (such as gathering and transmitting the necessary data to an agent to prepare the data for submission to the IRS, or testing its ability to transmit to the IRS). The IRS will also take into account whether the reporting entity is taking steps to ensure that it will be able to comply with the reporting requirements for 2019.
Impact on Individual Taxpayers
The IRS recognizes that taxpayers may not receive their Form 1095-B or Form 1095-C by the time they are ready to file their 2018 income tax returns due to the deadline extension. Like last year, taxpayers do not need to wait to receive their Form 1095-B and/or 1095-C in order to file their tax returns.
Instead, taxpayers may rely on other information received from their employer or insurer in attesting on their tax returns as to whether they had "minimum essential coverage" as required by the so-called individual mandate, or whether they were eligible for a Marketplace subsidy. They do not need to send their Form 1095-B, Form 1095-C or any information they relied upon in completing their 2018 tax return to the IRS, but should keep that information with their tax records.
