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1094-C and 1095-C and Employer Shared Responsibility Requirements: What to Do Now to Get a Jump on Upcoming ACA Compliance Deadlines

1094-C and 1095-C and Employer Shared Responsibility Requirements: What to Do Now to Get a Jump on Upcoming ACA Compliance Deadlines

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1094-C and 1095-C and Employer Shared Responsibility Requirements: What to Do Now to Get a Jump on Upcoming ACA Compliance Deadlines

Live Webinar: Wednesday, October 17, 2018

1:30 p.m. to 3:00 p.m. Eastern / 10:30 a.m. to 12:00 p.m. Pacific

WEBINAR SNAPSHOT: Learn ACA-related compliance obligations to master the 2018 IRS Forms 1094-B, 1095-B, 1094-C, and 1095-C and employer shared responsibility reporting.

Despite recent efforts to chip away at the Affordable Care Act (ACA), the employer mandate remains in effect, along with its onerous reporting requirements. And now that the IRS has begun enforcing the mandate and assessing penalties, timely and accurate submittals are more crucial than ever.

Employers need to know what’s expected with the 1094-B, 1095-B, 1094-C, and 1095-C forms, along with the broader context of how the ACA provisions on employer shared responsibility payments (ESRPs) could apply to them.

The best way to prepare is to be “in the know” as soon as the forms for tax year 2018 become available so you’ll be well prepared to tackle them. But, all the preparation in the world could still leave you with many lingering questions, such as:

  • Are we required to fill out the 1095-C at all?
  • If so, when and what are we required to report?
  • How do the reporting requirements vary if we are fully insured vs. self-insured?
  • How do we account for employees who are offered health coverage, but decline it?
  • Who is required to report if we sponsor a plan for employees of multiple employers?
  • Can we get a filing extension?
  • What are the penalties if we mess up the reporting?
  • How do we account for retirees and COBRA recipients on the 1095-C?
  • What about multiple members of the same family who are all full-time employees with us—and all received offers of coverage?
  • What do we do if we can’t get dependents’ Social Security Numbers—and how often are we required (or allowed) to ask for them?

Last year, when the IRS started enforcing the ESRP provision, many applicable large employers were caught off guard by the “226J” letters that went out, and the sometimes substantial assessments they had to face as a result. Employers have just 30 days from the date of an IRS letter—not 30 days from when they receive it—to do one of two things: pay up or dispute the IRS’ ESRP calculation.

Join us on October 17 for an in-depth webinar as Ashley Gillihan, a nationally known benefits attorney, helps you prepare for the next round of ACA reporting, based on lessons learned from previous years as well as from recent IRS enforcement activities.

 You’ll learn:

  • Your organization’s information reporting requirements under the ACA
  • Penalties to watch out for under Sections 6055 and 6056 of the IRS Code
  • How to ensure proper distribution and filing to avoid information-reporting penalties
  • Lessons learned from previous reporting challenges
  • Common ACA reporting traps and pitfalls to avoid
  • What to do if you receive a Letter 226J
  • Opportunities in the reporting and enforcement process to minimize your potential ESRP liability
  • The top 5 reasons why the IRS believes you owe a penalty, even though you may not
  • And much more!

About Your Presenter

Ashley GillihanAshley Gillihan, Esq
Alston & Bird LLP

Ashley Gillihan is a member of Alston & Bird’s Employee Benefits and Executive Compensation Group. He is also a secondary member of the firm’s ERISA Litigation Group. Mr. Gillihan represents various corporate plan sponsors, insurers, HSA trustee/custodians, financial institutions and third-party benefit plan administrators. His legal practice focuses exclusively on assisting clients with various health and welfare benefit plan compliance and litigation issues. Mr. Gillihan lectures frequently and has published various articles on health and welfare benefit plan related topics. He is a faculty member for the Institute of Applied Management and Law (IAML). He is a member of the Technical Advisory Council to the Employer’s Council on Flexible Compensation. He is also the former author of the Flexible Benefits Answer Book by Aspen Publishers and a member of the state bars of Georgia, Tennessee, and Alabama.

Have a specific question related to the topic of this audio conference? Post it here and get an answer during the event, time permitting, or in a follow-up e-mail from the audio conference presenter. This is only available to audio conference registrants.

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