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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 - On-Demand

1094-C & 1095-C & Employer Shared Responsibility Requirements: Get a Jump on Upcoming ACA Compliance Deadlines - On-Demand

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11094-C & 1095-C & Employer Shared Responsibility Requirements: Get a Jump on Upcoming ACA Compliance Deadlines - On-Demand

Webinar now available On-Demand.


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 – or risk facing costly fines.

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.

Use this on-demand webinar as benefits attorney Steven Mindy will help 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

Steven MindaySteven C. Mindy
Senior Associate
Alston & Bird

Steven Mindy is a senior associate in the Washington D.C. office of Alston Bird, where he focuses his practice on employee benefits and ERISA litigation related to health and welfare benefits. He also focuses on privacy and security laws and regulations that impact benefit plans. Mr. Mindy works extensively on issues related to wellness programs, health savings accounts (HSAs), flexible spending accounts (FSAs), and transportation fringe benefits, including the laws applicable to plans and their service providers when using new technology like mobile devices, apps, and wearables. He has extensive experience with HIPAA’s privacy and security requirements. He frequently helps HIPAA covered entities comply with breach and security incident notification requirements under HIPAA and other privacy laws. He also assists HIPAA covered entities and business associates respond to audits and investigations by federal and state agencies that regulate data privacy and security. Mr. Mindy also has extensive experience with ERISA’s plan asset rules, trust requirements, and prohibited transaction exemptions. He frequently advises on issues related to multiple employer welfare arrangements (MEWAs), voluntary employee beneficiary associations (VEBAs), and multiemployer plans. He also advises financial institutions, insurance companies, and nonbank trustees on HSA matters, including compliance with the Department of Labor’s fiduciary rule. Mr. Mindy uses his prior experience as a federal law enforcement officer to assist clients with criminal and civil investigations.

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