Employers May Continue to File ACA Information Returns (Forms 1094 & 1095)
While the deadline to electronically file Affordable Care Act (ACA) information returns with the IRS passed on June 30, 2016, the ACA Information Returns (AIR) system used to electronically file those returns, as well as the ability to complete required system testing, remains up and running.
Rejected, ‘Accepted with Errors,’ and Late Filings
Employers whose filings were rejected by the AIR system have 60 days from the date of rejection to submit a replacement and have the rejected filing treated as timely filed. In addition, employers whose filings received an “Accepted with Errors” message may continue to submit corrections after June 30, 2016.
Employers unable to submit all required ACA information returns by June 30, 2016 should still file their returns after the deadline. Filers that missed the June 30, 2016 deadline will generally not be assessed late filing penalties if the reporting entity has made legitimate efforts to register with the AIR system and to file its information returns, and it continues to make such efforts and completes the process as soon as possible. In addition, consistent with existing information reporting rules, filers that are assessed penalties may still meet the criteria for a reasonable cause waiver.