DWT Employment

As it did last year, the IRS has again extended the date that employer Form 1095-C reports need to be distributed to employees. For 2017 reports, the deadline is now March 2, 2018, but the deadline for filing the reports with the IRS is still February 28, 2018 (not e-filing) or April 2, 2018 (e-filing).

The new Tax Cuts and Jobs Act (TCJA) that eliminates the individual mandate effective 2019 did not eliminate the employer mandate and reporting requirements. But employers got partial relief from the distribution deadline for employer Form 1095-C. The IRS extended the due date to provide Form 1095-C (or 1095-B for an insured plan) to employees from January 31 until March 2, 2018. Review the Notice 2018-06 here. This is similar to the extension granted last year. See Update #1 of our ACA advisory series here.

The IRS did not extend the date for filing the returns with the IRS, which remains February 28, 2018 if not filing electronically, or April 2, 2018 if filing electronically. That deadline can automatically be extended 30 days by filing Form 8809.

Lastly, the IRS extended the “good faith” transition relief from penalties for an employer’s failure to provide complete or correct returns. So, as in 2017, employers who provide the returns to employees and file them on time, even if they are not perfect, can claim the transition relief from penalties.

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