Employee Benefits-IRS Extends Due Date For Providing Individuals With Forms 1095-B and 1095-C

In Notice 2018-94, the Internal Revenue Service “IRS”) extends the due date for for furnishing to individuals the 2018 Form 1095-B, Health Coverage, and the 2018 Form 1095-C, Employer-Provided Health Insurance Offer and Coverage, from January 31, 2019, to March 4, 2019.

A Form 1095-B provides information to an individual who is covered by minimum essential health coverage and therefore are not liable for the individual shared responsibility payment.  A Form 1095-C reports to the individual information about offers of health coverage from and enrollment in the employer’s health plan, and the individual may use this information to determine whether, for each month of the calendar year, the individual may claim the premium tax credit on his or her individual income tax return.

The Notice states that, in view of this automatic extension to March 4, 2019, the provisions under the Treasury regulations allowing the IRS to grant an extension of time of up to 30 days to furnish Forms 1095-B and 1095-C will not apply to the extended due date.  Notwithstanding the extension provided in this notice, employers and other coverage providers are encouraged to furnish 2018 statements as soon as they are able.

Importantly, the Notice does not extend the due date for filing with the IRS the 2018 Forms 1094-B, 1095-B, 1094-C, or 1095-C, which remains February 28, 2019, if not filing electronically, or April 1, 2019, if filing electronically.  However, the Notice indicates that an employer can obtain the automatic extension of 30 days for filing these returns if the employer files a Form 8809 before the due date.  This Notice does not affect the provisions regarding additional extensions of time to file.