Hunton Employment & Labor Perspectives

The IRS recently issued draft versions of the new Forms 1094-B, 1094-C, 1095-B and 1095-C (the “Forms”) along with related draft Instructions.

Beginning in 2016 (for coverage provided in 2015), employers with 50 or more “full-time” employees (called “applicable large employers” (ALEs)) will generally be required to file Forms 1094-C with the IRS reporting aggregate employee data and coverage information and applicable transition relief.  In addition, ALEs will also be required to file Forms 1095-C annually with the IRS reporting (among other things) the employer’s full-time employees and their eligibility for health coverage for each month of the year involved as well as details regarding that coverage and any applicable safe harbors. Copies of the Forms 1095-C must also be provided to employees.

Self-insured health plan sponsors that are ALEs can fulfill both requirements by completing all applicable sections of Forms 1095-C and 1094-C.  ALEs that sponsor insured plans will report their coverage in only certain designated parts of Forms 1095-C and 1094-C, and health insurers will separately report on Forms 1094-B and 1095-B.

This article outlines Form 1095-C (Employer-Provided Health Insurance Offer and Coverage) and Form 1094-C (Transmittal of Employer-Provided Health Insurance Offer and Coverage Information Returns) obligations for employers subject to the reporting requirements.