Labor & Employment Developments Blog

Once again, the IRS extended the due date for certain 2019 ACA information reporting requirements in Notice 2019-63. The due date for furnishing Form 1095-C (and 1095-B) to employees is extended from January 31, 2020, to March 2, 2020. (The due date for filing with the IRS remains unchanged at February 28, 2020, or March 31, 2020, if filing electronically). In addition, the IRS will not impose a penalty for failure to furnish Form 1095-C to any employee enrolled in an ALE member's self-insured health plan who is not a full-time employee for any month of 2019 if certain conditions are met. Nor will the IRS impose a penalty for incorrect or incomplete Forms provided that the employer makes a good faith effort to comply with the information reporting requirements. Although the latest round of relief offers no protection against the imposition of employer mandate penalties, and employers must be careful to comply with applicable deadlines and extensions, reporting relief is always welcome news.