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ACA Reporting: New Forms, Higher Penalties and Other Guidance
Proskauer's ERISA Practice Center Link to more items from this source
[Guidance Overview]
July 27, 2015

"Despite releasing 'final' forms and instructions in February 2015, the IRS released new draft forms in June 2015. The changes were, for the most part, minimal.... [T]he Trade Preferences Extension Act of 2015... increased the statutory penalties for failing to file information reporting forms with the IRS or failing to provide copies of these forms to employees. The ACA reporting forms are subject to these penalties.... When an offer of COBRA coverage is made to a former employee as the result of a termination from employment, the employer should indicate on Form 1095-C that an offer of coverage was made only if the former employee actually elects to enroll in the coverage.... However, when an offer of COBRA coverage is made to an employee due to a reduction in hours, the employer should indicate on Form 1095-C that an offer of coverage was made whether or not the employee elects to enroll in the coverage."  MORE >>

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