Employers with 50+ full-time and full-time equivalent employees are responsible for filing forms 1094-C and 1095-C for the first time this year. The deadlines to file with the IRS were March 31, 2016 for paper submissions and June 30, 2016 for electronic files. However, the IRS just announced that they will continue accepting forms past the deadlines if you were not able to submit timely.
- If you are submitting your forms electronically through a payroll or third party vendor:
- Employers with transmissions that have been “Rejected” by the IRS have 60 days from the date of rejection to submit a replacement and have the rejected submission be treated as timely filed.
- Employers with transmissions that were “Accepted with Errors” may continue to submit corrections to the IRS after June 30, 2016.
- Employers with transmissions that were “Accepted” have completed their filing responsibilities and do not need to take further action.
- If you are a paper filer and missed the May 31, 2016 paper filing deadline, you should complete the filing of your paper returns as soon as possible.
As the IRS has publicly stated in various forums in recent months, filers of Forms 1094-C and 1095-C that miss the filing due date will NOT generally be assessed late filing penalties if legitimate efforts were made to file information returns and such efforts are continued until the process is completed. In addition, filers that are assessed penalties may still meet the criteria for a reasonable cause waiver which would waive the penalties if it is determined that the reason for failure to file was caused by something out of the filer’s control.