The answer to the ACA is in the totality of the data and how it is reported to the IRS. The data needed for reporting accurately was either there or it was not. Only now after three full years (2015, 2016 and 2017) of ACA reporting are we learning if employers and their partners understood the nuances and ramifications of the rules and regulations. It is clear now that some lacked even a basic understanding.
What has emerged in the last few months is the result of two major blind spots that occurred in the first few years of reporting and may still exist today. These blind spots have generated countless IRS penalty letters and significant potential penalties to employers across the country. Nearly all of the new customers that are asking us to assist with their ACA reporting have had one of the following two issues:
A payroll vendor offered to provide ACA reporting to an existing client, but the payroll company did not realize it may not store all the proper data needed to complete all the requirements and underestimated how complicated the Forms 1094-C and 1095-C were to complete accurately. This frequently led to incomplete and/or inaccurate Forms being submitted to the IRS which has now resulted in the employer receiving a Letter 226J proposing a penalty. Often times in the scenarios we have seen if the Forms 1094-C and 1095-C would have been completed accurately the first time, the employer could have avoided the Letter 226J.
The second common scenario is occurring with fully insured employers who were under the impression or were advised that an insurance carrier would provide ACA reporting on their behalf using the Forms 1094-B and 1095-B. Whoever was providing this advice lacked a basic understanding of the ACA as this is a position that is clearly not supported by the rules and regulations. These employers are now receiving a Letter 5699 from the IRS inquiring where their Forms 1094-C and 1095-C are for past reporting years. Employers receiving the Letter 5699 could be subject to the penalty amounts under Internal Revenue Code section 6721 ($250 per Form 1095-C or more depending on the year in question) and IRC section 6722 (a separate $250 per Form 1095-C or more depending on the year in question) in addition to any penalty assessed under the employer mandate provision of the ACA.
It is impossible to turn back the clock or ask for a do over, but getting it right the first time moving forward is of the utmost importance. Zevo has tools that insure accurate, timely reporting. Whether you are an employer, broker, or payroll company we encourage you to look at Zevo as your ACA technology partner. We have been focused on reporting accurately from day one and to date have filed millions of Forms 1095-C without a single client receiving a Letter 226J or Letter 5699. If you would like to discuss how Zevo can assist you, please contact us.
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