IRS Extends Deadline for Furnishing Forms 1095 and Extends Good Faith Transition Relief

The Internal Revenue Service (IRS) has released Notice 2018-6, extending the deadline for furnishing Forms 1095-B and 1095-C to individuals from January 31, 2018 to March 2, 2018, as well as penalty relief for good-faith reporting errors.

The due date for filing the forms with the IRS was not extended and remains February 28, 2018 (April 2, 2018 if filed electronically). Despite the repeal of the “individual mandate” beginning in 2019 as part of the Tax Cuts and Jobs Act, at this time, the ACA’s information reporting requirements remain in effect (the IRS will continue to use the reporting to administer the employer mandate and premium tax credit program).

The instructions to Forms 1094-C and 1095-C allow employers to request a 30-day extension to furnish statements to individuals by
sending a letter to the IRS with certain information, including the reason for delay. However, because the Notice’s extension of time to
furnish the forms is as generous as the 30-day extension contained in the instructions, the IRS will not formally respond to requests for
an extension of time to furnish 2017 Forms 1095-B or 1095-C to individuals.

Employers may still obtain an automatic 30-day extension for filing with the IRS by filing Form 8809 on or before the forms’ due date.
An additional 30-day extension is available under certain hardship conditions. The Notice encourages employers who cannot meet the
extended due dates to furnish and file as soon as possible, and advises that the IRS will take such furnishing and filing into consideration
when determining whether to abate penalties for reasonable cause.

Read the full compliance update…