On Sept. 17, 2015, the Internal Revenue Service (IRS) released final 2015 versions of the forms and instructions that employers will use to report under Sections 6055 and 6056.

1. Self insured employers with less than 50 full-time equivalents will use Form 1094-B and Form 1095-B (and related instructions) to report under Section 6055.
2. Applicable Large Employers (ALEs) (employers with 50 or more full-time equivalents) will use Form 1094-C and Form 1095-C (and related instructions) to report under Section 6056.
3. Employers that are both an ALE and self insured will also use Form 1094-C and Form 1095-C (and related instructions) for combined reporting under both Sections 6055 and 6056.

Key Developments
The 2015 final forms remained unchanged from the 2015 draft versions. The 2015 final instructions provide clarifications on some questions and contain the following key provisions:

Extensions of time to file returns with the IRS and furnish statements to individuals – Reporting entities may receive an automatic 30-day extension of time to file returns with the IRS by completing Form 8809, and may also request an extension of time to furnish the statements to recipients by sending a letter to the IRS.

A process to obtain waivers from the electronic filing requirement – Reporting entities may receive a waiver from the requirement to file returns electronically by submitting Form 8508.

Relief from separate Section 6055 reporting for many health reimbursement arrangements (HRAs) – While draft instructions indicated that separate reporting would be required for many HRAs, final instructions state an employer with a fully insured health plan and a HRA is not required to report the HRA coverage if the individual is eligible for the HRA because they are enrolled on the health plan. Additional clarifications include:

• An employer with a self-insured major medical plan and a HRA is required to report coverage under only one of the arrangements.
• An employer with a HRA must report the HRA coverage for any individual who is not enrolled in the employer’s major medical plan (for example, if the individual is enrolled in a group health plan of another employer, such as spousal coverage).

Additional Resources
The IRS issued Notice 2015-68 to provide additional guidance for purposes of Section 6055 reporting. The IRS also released Q&As on Section 6055 and Q&As on Section 6056, as well as a separate set of Q&A’s on Employer Reporting using Form 1094-C and Form 1095-C.

Contact your NEEBCo representative with any questions you may have on your employer reporting responsibilities.

Final IRS Forms and Instructions Issued for 2015 Section 6055 and 6056 Reporting 9-18-15