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ACA Helpful Hints
Forms filed in 2019 reporting coverage provided in calendar year 2018, are required to be filed by February 28, 2019, or April 1, 2019, if filing electronically.
Extension of Time To File (1094 and 1095 B)
You can get an automatic 30-day extension of time to file by completing Form 8809 and filing it with the IRS on or before the due date for the Form 1094-B and 1095-B. Form 8809 may be submitted on paper or through the FIRE System either as a fill-in form or an electronic file. No signature or explanation is required for the extension. However, you must file Form 8809 by the due date of the returns in order to get the 30-day extension. Under certain hardship conditions, you may apply for an additional 30-day extension. See Form 8809 and the instructions for more information about extensions of time to file.
Penalties & Fines
All employers subject to the employer shared responsibility provisions, and other employers that sponsor self-insured group health plans, that fail to comply with the applicable information reporting requirements, may be subject to the general reporting penalty provisions for failure to file correct information returns and failure to furnish correct payee statements. For returns required to be made and statements required to be furnished for 2018 tax year returns, the following apply.
• The penalty for failure to file a correct information return is $270 for each return for which the failure occurs, with the total penalty for a calendar year not to exceed $3,275,500.
• The penalty for failure to provide a correct payee statement is $270 for each statement for which the failure occurs, with the total penalty for a calendar year not to exceed $3,275,500.
• Special rules apply that increase the per-statement and total penalties if there is intentional disregard of the requirement to file the returns and furnish the required statements.
Penalties may be waived if the failure was due to reasonable cause and not willful neglect. See section 6724 and Regulations section 301.6724-1 and Proposed Regulations section 1.6055-1(h) (which relate to Form 1095-C, Part III). For additional information, see Pub. 1586.
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