You must file in accordance to the Affordable Care Act (ACA) as mandated by IRS by February 28, 2017 or March 31, 2017 if filing electronically forms 1094 & 1095 for calendar year 2016, in addition 1095 form which lists each covered employee and their dependents must be prepared and distributed individually to each of your employees by january 31, 2017.
You must distinguish between large and small employers. employers. Large employers (ALE’s) are subject to ACA’s minimum Essential Coverage and Affordability requirement to avoid penalty. Small employers are not subject to penalty and only have Minimum Essential Coverage requirements.
- Small is considered with less that 50 full time equivalent employees are considered Minimum Essential Coverage. They are required to file forms 1094-B and 1095-B with the IRS and distribute individual forms to each of it’s employees covered under the health plan.
- Employers with 50 or more full time equivalent employees are Applicable Large Employers (ALE’s) for 2016 and are required to file forms 1094-C and 1095-C with the IRS and are also required to distribute the individual 1095-C forms to each of its employees covered under the plan.
- Instructions for 1094-B and 1095-B https://www.irs.gov/instructions/i109495b/ar01.html
- Instructiuons for 1094-C and 1095-C https://www.irs.gov/instructions/i10945c/ar01.html
All of this may change going forward with a new administration, however as of 2016 tax filing you must complete these forms and filings.
Happy Tax time