The Affordable Care Act has new filing requirements for tax year 2015 that apply to businesses offering health coverage. Not every employer offers health insurance, and some businesses are not required to file 1095-C and 1095-B. For this reason, it is helpful to review the guidelines for filing these new tax forms.
IRS Form 1095-C
Essentially, Form 1095-C is the method for large employers to demonstrate that they have met the ACA requirement of offering affordable coverage to their employees. Policies must be affordable and offer minimal value under ACA criteria, or the employer will face penalties.
IRS Form 1095-B
Form 1095-B is used to verify that an individual has ‘minimal essential coverage’ under the mandates of the Affordable Care Act (ACA). Form 1095B is prepared and filed by any entity that provides health coverage, including employers, and then the employee receives a copy to file with their own tax return to verify coverage.
Who Must File?
The criteria for filing can be determined by answering the following questions:
• Do you have more than 50 full time employees? (large employers)
If yes, are you self-insured? If yes you are self-insured, you must file form 1095-C, Parts I, II, and III. If no, you still file the form, but only Parts I and II.
• If you have less than 50 full time employees, but you are self insured, then you will have to file Form 1095-B, Parts I,II and IV.
In general, employers with less than 50 employees who are not self-insured do not have to file either Form 1095-B or 1095-C.
The forms are filed with the IRS, but each employee must receive a copy to file with their tax return, as a means of verifying that they have the minimum coverage required by the ACA. There are penalties that fail to supply accurate copies to employees, so this is an important aspect of the filing requirements for employer.
One form is filed for each employee, and then the employer will submit all the forms with one transmittal form, either Form 1094-C or 1094-B. This time consuming process for businesses is only one of the effects of the ACA, and requires a time investment for correct preparation, or the use of outside tax preparation services.
