On December 15, 2022, the Internal Revenue Service (IRS) issued final regulations that permanently extend the deadline for furnishing Form 1095-C and Form 1095-B to employees. The forms will now be due (to employees) on March 2 (March 3 in a leap year), or the next business day if the due date falls on a weekend or holiday.

Under the Affordable Care Act (ACA), applicable large employers and employers providing minimum essential health coverage are required to file Form 1095-C (for applicable large employers sponsoring self-funded health plans) or 1095-B (for insurance companies who offer fully insured health coverage) with the IRS. These forms must also be provided to full-time employees and employees receiving minimum essential coverage. Prior to the final regulations, the forms were generally required to be furnished to these individuals by January 31 of each calendar year, and the IRS issued annual notices extending the due date for each reporting year.

The final regulations do not extend the deadline for transmitting the forms to the IRS. For 2023, the due dates for transmitting the forms to the IRS are February 28, 2023 (if filing on paper) and March 31, 2023 (if filing electronically).

Individual filers do not have to wait for either Form 1095-B or 1095-C from a coverage provider or employer to file an income tax return. Other forms of documentation may be used, in lieu of the Form 1095 information returns to prepare an individual tax return. Other forms of documentation that would provide proof of insurance coverage include:

  • insurance cards,
  • explanation of benefits
  • statements from your insurer,
  • W-2 or payroll statements reflecting health insurance deductions,
  • records of advance payments of the premium tax credit and
  • other statements indicating that you, or a member of your family, had health care coverage.

There is no need for an employee to send the IRS proof of health coverage. However, employees should keep any documentation with their other tax records. This includes records of a family’s employer-provided coverage, premiums paid, and types of coverage.

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