The IRS has released draft ACA Reporting Forms and Instructions for 2018 (to be filed in 2019).
Background:
The Affordable Care Act (“ACA”) requires employers and providers of health insurance coverage to report certain information to the IRS and plan participants each year. The Section 6055 reporting requirements apply to health insurance providers, such as insurance companies and employers that provide self-insured group health plans. The Section 6056 reporting requirements apply to “applicable large employers” or “ALEs” and require reporting of health care coverage offered to the employer’s full-time employees (an ALE is an employer that employed 50 or more full-time equivalent employees on average in the prior calendar year).
Reporting under Sections 6055 and 6056 involves one or both of two sets of reporting forms: the “B” forms (Forms 1094-B and 1095-B) and the “C” forms (Forms 1094-C and 1095- C). Each set of forms includes a transmittal form (Forms 1094-B and 1094-C), which serves as a cover page. The B-Series forms are used to report whether individuals have minimum essential coverage and, therefore, are not liable for the individual shared responsibility payment. The C-Series forms are used to report information about offers of health coverage and enrollment in health coverage for employees, to determine whether an employer owes an employer shared responsibility payment, and to determine the eligibility of employees for the premium tax credit. ALEs that sponsor self-insured plans will perform their reporting using only the C-Series forms when reporting on full-time employees. The forms that must be filed and distributed depend on whether the employer is an ALE and the type of coverage provided.
The following chart summarizes the filing requirements:
| Employer Type
|
IRC Section | Forms Filed | Form Provided to Employee | Sent By |
| Small Fully Insured | 6055 | 1094-B, 1095-B (filed by carrier) | 1096-B | Carrier |
| Small Self Insured | 6055 | 1094-B, 1095-B | 1095-B | Employer |
| ALE Fully Insured | 6055 | 1094-B & 1095-B (filed by carrier) | 1095-B | Carrier |
| ALE Fully Insured | 6056 | 1094-C, 1095-C (Parts I & II filled out) | 1095-C | Employer |
| ALE Self Insured | 6056 | 1094-C, 1095-C (Parts I, II, & III filled out) | 1095-C | Employer |
Links to the Draft Forms:
C Forms
- 2018 Draft Instructions for Forms 1094-C and 1095-C: https://www.irs.gov/pub/irs-dft/i109495c–dft.pdf
- 2018 Draft Form 1094-C: https://www.irs.gov/pub/irs-dft/f1094c–dft.pdf
- 2018 Draft Form 1095-C: https://www.irs.gov/pub/irs-dft/f1095c–dft.pdf
B Forms
- 2018 Draft Instructions for 1094-B and 1095-B: https://www.irs.gov/pub/irs-dft/i109495b–dft.pdf
- 2018 Draft Form 1094-B: https://www.irs.gov/pub/irs-dft/f1094b–dft.pdf
- 2018 Draft Form 1095-B: https://www.irs.gov/pub/irs-dft/f1095b–dft.pdf
Note: These forms and instructions have been released as drafts only. Employers should wait to review the finalized forms.
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