On December 28, 2015, the Internal Revenue Service issued Notice 2016-4 (the “Notice”), which extends the due dates for furnishing and filing the new Affordable Care Act reporting forms for the 2015 calendar year.

The extended deadline for furnishing the 2015 Form 1095-C and Form 1095-B to individuals is March 31, 2016 (it was February 1, 2016).

The extended deadline for filing the 2015 Forms 1094-C and 1095-C with the IRS is June 30, 2016 if filed electronically (it was March 31, 2016).  If filing in paper form, the new deadline is May 31, 2016 (it was February 29, 2016).

The extended deadline for filing the 2015 Forms 1094-B and 1095-B with the IRS is June 30, 2016 if filed electronically (it was March 31, 2016).  If filing in paper form, the new deadline is May 31, 2016 (it was February 29, 2016).

Despite the due date extension, an employer or coverage provider is permitted to provide the applicable Forms to individuals or the IRS on or before the original due date.  The IRS is encouraging employers and coverage providers to “furnish statements and file the information returns as soon as they are ready.”

If you have contracted with a third-party vendor to assist with ACA reporting, we recommend discussing the deadline extensions with the service provider and determining whether the Forms will be filed using the original or extended deadlines.  The contract or statement of work may need to be amended to reflect any changes to the reporting obligations and deadlines.

If you have any questions or we can be of assistance, please contact one of the attorneys in the Employee Benefits Practice Group listed below.