H&W IRS Finalizes 2017 Version of Forms 1094 and 1095 along with Instructions

The 2017 version of 1094 and 1095 reporting forms and instructions have been finalized by the IRS.   There are very few changes from the 2016 version of the forms, but those changes that were made are isolated to the expiration of Section 4980H transition relief that still remained in 2016 for certain employers that offered non-calendar-year plans.

The changes to the 2017 1094-C Form include:

line 22, box C is now designated as “Reserved”.

• For 2016, box C was designed as “Section 4980H Transition Relief, which is no longer available in 2017.

Part III, column (e) is designated “Reserved”.

• For 2016, the column was designated as “Section 4980H Transition Relief Indicator

The entry rows in Part III, column (e) are shaded.

• For 2016, a transition relief indicator code would have been entered for the applicable months to indicate which type of Section 4980H relief an employer wished to take advantage of.

2017 1094 and 1095 Forms

• 2017 Form 1094-B Form
• 2017 Form 1095-B Form
• 2017 Form 1094-B & 1095-B Instructions
• 2017 Form 1094-C Form
• 2017 Form 1095-C Form
• 2017 Form 1094-C & 1095-C Instructions

Refresher on Section 4980H Transition Relief

In its final rule on employer shared responsibility under the ACA, the IRS granted several temporary exceptions to the requirements of the rule in order to assist employers with the transition to their obligations under the rule.  In general, those exceptions expired at the beginning of 2016, however, for non-calendar-year plans, those exceptions remained in effect for 2016 for those calendar months in the 2015 plan year that fell within 2016.

As a quick reminder, those transition rules included:

• Certain employers were not subject to assessable payments based solely on the failure to offer coverage to dependents during the plan year beginning in 2015.
• Large employers with fewer than 100 full-time employees were not subject to assessable payments during 2015 and, for non-calendar year plans, any part of the 2015 plan year that fell in 2016, provided that several other conditions had been satisfied.
• Generally, a large employer is treated as offering coverage to its full-time employees (and their dependents) for a month if, for that month, it offers coverage to all but five percent or, if greater, five, of its full-time employees (and their dependents). For each calendar month during 2015 and any calendar months during the 2015 plan year that fall in 2016, a large employer member that offers coverage to at least 70 percent of its full-time employees (and, their dependents) were not subject to an assessable payment under section 4980H(a).