Draft Affordable Care Act Forms and Instructions Released


The IRS recently released draft forms and instructions for employers to review in connection with the Affordable Care Act (“ACA”) employer mandate.  These forms are merely in “draft” form and may change in the future, but they provide insight into the scope of information that likely will be required from employers in the near future.

Beginning in 2016 for the 2015 Plan Year, certain employers must file Forms 1094-C and 1095-C in order to meet their reporting requirements under the statute.  The purpose of the reporting requirement is to notify the government about whether the employer is meeting its health coverage obligations under the ACA.

The ACA requires employers with 50 to 99 “full time equivalent” employees to offer health insurance to all full time employees by January 2016.  Employers with over 100 “full time equivalent” employees must offer health insurance to all full time employees by January 2015.  Employers that fail to meet these requirements are subject to a fine.

Form 1094-C is used to report to the IRS a summary of the information being provided on a Form 1095-C as to each employee.  A copy of the draft Form 1094-C can be found here.  Form 1095-C is used to report information about each employee’s health insurance coverage.  A copy of the draft Form 1095-C can be found here.  A copy of the draft instructions for filling out both forms can be found here.

For more information on the ACA employer mandate, please contact Connell Foley’s labor and employment law attorneys.