H&W: 1094 1095 Reporting – Extensions & Substitute Forms

Filing Extensions

As the countdown to our first 1094 1095 reporting season creeps ever closer to the ominous filing deadline, many employers continue to scramble to pull off this new IRS requirement.  What if you find yourself running short on time to get your reports filed?  There is some relief.  An automatic 30-day extension of time to file Form 1094 or 1095 is available by filing Form 8809 on or before the 1094/1095 due date (February 28, 2016 if filing by paper or March 31, 2016 if filing electronically). An additional extension may also be requested, not to exceed 30 days, by submitting a second Form 8809 before the end of the first extension period. Additional extensions are not automatic and generally are granted only where extenuating circumstances exist.

Although it is used for several different information returns, the “Application for Extension of Time to File Information Returns” (aka Form 8809) was recently revised to reflect its use to request an extension to file the 1094-C and 1095-C information returns.  Please note:  even though edits to the form do not include the B forms, according to the IRS website, Form 8809 can also be used to file an extension for both the 1094 B and 1095 B information returns.

Word of caution: Form 8809 only applies to the filing deadlines with the IRS.  It does NOT provide an extension of time to provide the employee statements.  However, a bit of relief can be sought for this deadline (January 31, 2016) as well.  You may request an extension of up to 30 days to furnish the 1095 B and C employee statements to recipients, but approval of this request for extension is not automatic.  For details on how to request an extension of time to furnish the 1095 B employee statements click here.  For details on how to request an extension of time to furnish the 1095 C employee statements click here.

Substitute Forms

The IRS also recently finalized Publication 5223, General Rules and Specifications for Affordable Care Act Substitute Forms 1095-A, 1094-B, 1095-B, 1094-C, and 1095-C.  Specifically, the purpose of this publication is to set forth the 2015 requirements for:

• Using official Internal Revenue Service (IRS) forms to file information returns with the IRS
• Preparing acceptable substitutes of the official IRS forms to file information returns with the IRS
• Using official or acceptable substitute forms to furnish information to recipients.