Affordable Care Act (ACA) Reporting Deadline Reminders








This article serves as a reminder for ACA Reporting Deadlines imposed on Applicable Large Employers (ALEs).

There are two components to the ACA reporting requirements.

  • ALEs must furnish individual statements, generally 1095-Cs, to full-time employees by March 2, 2023
  • ALEs must report 1094C and 1095C information to the IRS, if filing electronically, by March 31, 2023
    • If mailing forms to the IRS, the deadline is February 28, 2023

Penalties for inaccurate, incomplete or absence of reporting: the IRS made it clear that “good faith relief” is no longer available which means employers must be diligent with regards to inaccurate or incomplete forms.

For 2022 reporting due in 2023, the IRS may impose penalties of up to $290 per form for providing a participant with an inaccurate or incomplete forms. A separate $290 per form penalty could be applied for the same mistake in the forms filed with the IRS, potentially triggering a penalty of up to $580 per employee.

There is also state-level reporting of such forms that were introduced via individual coverage mandates in certain states.

CA, RI and MA require ALEs to furnish 1095C to its residents by January 31, 2023, which does not coincide with the federal deadline. This requirement introduced confusion in prior years which seemed to have led to some leniency from the applicable states to not impose penalties for failure to meet the deadline. In fact, as of this writing, the CA Franchise Tax Board (FTB) has posted that it will not impose penalties on employers who fail to provide the forms by the January 31, 2023 deadline.

Special note: CA, RI, MA, NJ and DC impose reporting requirements onto ALEs that employ workers in the applicable states.

CA, RI, MA, and NJ require certain group health plans to submit state-level reporting by March 31, 2023. However, CA applies an automatic extension and will not apply penalties for returns filed by May 31, 2023.

For more information regarding state level reporting for employers with CA residents, click here.

For more information regarding state level reporting for employers with RI, NJ, MA, or DC, please contact your Bolton representative.

About Michelle Cammayo

Michelle Cammayo has more than 13 years of Employee Benefits experience specializing in all lines of health and welfare benefits. Today, Michelle works closely with clients and partners to provide guidance in areas of the law including ERISA, HIPAA, COBRA, FMLA and PPACA. She also oversees the Compliance Department at Bolton & Company to ensure we are helping our clients manage and eliminate risk with regards to employee benefit compliance.

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