The IRS has released Affordable Care Act (ACA) information reporting forms and draft instructions for 2022. As a reminder, Forms 1094-B and 1095-B are filed by minimum essential coverage providers (insurers, government-sponsored programs, and some self-insuring employers and others) to report coverage information in accordance with Code § 6055. Forms 1094-C and 1095-C are filed by applicable large employers (ALEs) to provide information that the IRS needs to administer employer shared responsibility penalties and eligibility for premium tax credits, as required under Code § 6056.

The forms are essentially unchanged from 2021, and the draft instructions do not identify any changes to the information reported on the forms. For calendar year 2022, Forms 1094-B and 1094-C (transmittals with statements) would be required to be filed with the IRS by February 28, 2023, or March 31, 2023, if filing electronically. (Filers may extend these deadlines by application to the IRS using Form 8809.) The threshold for mandatory electronic filing with the IRS remains at 250 returns, applied separately to each type of return and to original and corrected returns. The draft instructions incorporate an automatic 30-day extension—from January 31 to March 2, 2023—for furnishing Forms 1095-B and 1095-C (statements) to individuals.  Publications 5258, 5164, and 5165, with guidance for electronic filers, have also been revised.

Comment: The draft instructions are consistent with proposed regulations released in December 2021 (which may be relied on beginning with the 2021 tax year)that would permanently extend the deadline for furnishing a given year’s Forms 1095-B and 1095-C to individuals until 30 days after January 31 of the immediately following year (or the next business day, if the 30th day falls on a Saturday, Sunday, or legal holiday). The proposed extension generally aligns with extensions that have been granted for each year since the reporting requirements took effect. On the other hand, the 250-return threshold for electronic filing differs from proposed regulations that would reduce the filing thresholds and aggregate different return types.  Keep in mind that additional changes are possible once the final instructions are available.