IRS Releases Draft Forms for ACA Employer Reporting Requirements

Author: Gloria Ju

July 28, 2014

On July 24, the IRS released drafts of the forms employers will use to report annually on the health care coverage they offer to their employees as required by the Affordable Care Act (ACA). "In accordance with the IRS'[s] normal process, these draft forms are being provided to help stakeholders, including employers, tax professionals and software providers, prepare for these new reporting provisions and to invite comments from them," the IRS said in a statement.

The IRS did not publish instructions or guidance for completing the forms along with the drafts, but expects to do so in August. The agency said the forms and instructions will be finalized later this year.

The draft forms include:

  • Form 1094-B (Transmittal of Health Coverage Information Returns);
  • Form 1094-C (Transmittal of Employer-Provided Health Insurance Offer and Coverage Information Return);
  • Form 1095-B (Health Coverage);
  • Form 1095-C (Employer-Provided Health Insurance Offer and Coverage);
  • Form 8941 (Credit for Small Employer Health Insurance Premiums);
  • Form 8962 (Premium Tax Credit); and
  • Form 8965 (Health Care Coverage Exemptions).

The ACA's employer (or pay or play) mandate requires employers with 50 or more employees to provide health care coverage that meets affordability and minimum value requirements and to file annual returns reporting on the health care coverage offered to their full-time employees. The employer mandate was originally set to take effect in 2014, but was postponed until 2015 for employers with 100 or more employees. These employers must file the first annual report by February 28, 2016, or March 31 if filing electronically. Smaller employers with 50-99 employees have until 2016 to begin complying with the employer mandate, so their first annual report is due by February 28, or March 31, 2017.