Disclaimer: Datatech does not provide legal advice. You should consult your accountant and/or attorney to determine you legal responsibility.
In reviewing the instructions for the 1094-C & 1095-C forms it has come to our attention that while the ACA Transitional Relief provided for a delay in the penalties under the Employer-Shared Responsibility Tax for employers with 50 -99 employees (therefore employers didn’t need to provide insurance in 2015), employers are still required to file the new IRS forms.
On the 1094-C form, reported to the IRS, a code will indicate that you are claiming Transitional Relief for “for ALEs with Fewer Than 100 Full-Time Employees, Including Full-Time Equivalent (50-99 Transition Relief)”.
Employers will also have to send the 1095-C forms to employees that worked full-time in one or more months. The reason for this is that the employee needs the 1095-C form to prove they did not receive an offer of coverage from their employer and thus may be eligible for the premium tax credit.
You can download pdf’s of the forms and instructions from the IRS website from the following links:
https://www.irs.gov/pub/irs-prior/i109495c–2015.pdf
https://www.irs.gov/pub/irs-pdf/f1094c.pdf
https://www.irs.gov/pub/irs-pdf/f1095c.pdf
Reminder: These forms are only generated through our HRMS (Human Resource Management software). If you don’t want to create the forms manually, you may want to consider purchasing the module soon and get set up in December, so you’ll be ready to print the forms in January.