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How to Get an ACA Reporting Extension

Points North • May 14, 2019
Per the IRS, employers can get an automatic 30-day extension of time to file their ACA forms by completing Form 8809, Application for Extension of Time to File Information Returns. The form may be submitted on paper or through the IRS’s electronic system. No signature or explanation is required. Form 8809 must be filed on or before the due date of the returns in order to get the 30-day extension.

In addition, under certain hardship conditions, an employer may apply for an additional 30-day extension. See the instructions for Form 8809 for more information.

It’s important to note that the IRS has automatically extended the deadlines each year for furnishing 1095 forms to employees and has (but not consistently) extended the deadlines for filing the forms with the IRS. Make sure you understand which deadlines are extended before filing an 8809 Form. As a general rule, when the IRS has announced an automatic extension (as they have each year since 2015), the automatic extension using Form 8809 does not apply for that form for that year.

For example, for 2018, the date to furnish 1095 forms to employees was extended to March 4, 2019. The Notice indicates that the provisions under Treas. Reg. §§ 1.6055-1(g)(4)(i)(B)(1) and 301.6056-1(g)(1)(ii)(A) allowing the Service to grant an extension of time of up to 30 days to furnish Forms 1095-B and 1095-C will not apply to the extended due date.

However, for 2018 reporting, the Treasury and IRS have determined that there is no need for additional time for employers, insurers, and other providers of minimum essential coverage to file the 1095 and 1094 forms with the IRS. The Notice also does not affect the provisions regarding an automatic extension of time for filing information returns; the automatic extension remains available under the normal rules for employers and other coverage providers who submit a Form 8809 before the due date.

Information about Form 8809 as well as the form itself can be found at: https://www.irs.gov/forms-pubs/form-8809-application-for-extension-of-time-to-file-information-returns
Disclaimer: The information provided within is for general informational purposes only. It does not necessarily address all of your specific questions or issues. It should not be construed as, nor is it intended to provide, legal advice. Questions regarding specific issues and application of these rules to your 1095-C reporting should be addressed by your legal counsel.
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