EMPLOYER IRS REPORTING STILL REQUIRED FOR 2018
Last Friday, December 14, a Texas federal judge ruled the individual mandate of the Affordable Care Act (ACA) was unconstitutional and further concluded that as a result, the rest of the ACA law cannot stand.
With this “new” ACA ruling, many of us are scratching our heads asking, “didn’t the Supreme Court already rule on that back in 2012?”
Well, yes it did. Now, however, the 2017 tax reforms have changed the individual mandate, which evidently opens a new opportunity to challenge the health care reform mandate.
So what now?
Employer Reporting for 2018 Remains Unchanged Despite ACA Ruling
What does all this recent ACA ruling hoopla mean to the Applicable Large Employer (ALE) who is gearing up for the 2018 ACA reporting season?
Well, technically nothing has changed. ALEs should stay the course and continue to report as required. They should stay the course for one reason and one reason only: ACA is still the law of the land. One ruling does not change the law.
Indeed, a federal judge ruled the ACA cannot stand, but more importantly, did not block its continued operation. ALEs must proceed with ACA reporting for 2018 and then observe from the sidelines as the lawmakers battle it out. Whether the ACA eventually will be repealed or remain in place, employers are still responsible for following the current regulations in force.
Employer Penalties Remain a Reality
Penalties still loom for non-compliant employers, so ALEs are wise to continue to comply and make every effort to avoid penalties or assessments from the Internal Revenue Service. For these reasons, the recommendation is to proceed with 2018 ACA reporting, make all 2019 deadlines, and keep an eye on what’s coming out of Washington, D.C.
Deadlines for Forms 1095-B and 1095-C
On November 29, 2018, the IRS released Notice 2018-94 giving employers an extra 30 days to provide Forms 1095 to employees. The new deadline for providing employees their Forms 1095 is March 4, 2019. The due date for filing paper Forms 1094, however, remains February 28, 2019; electronically filed Forms 1094 remain due April 1, 2019.
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