Your Business's IRS Forms Are Due This Week!

It’s getting down to the nitty-gritty for IRS return filing for business owners!

Not only are your 1099 Forms due by this Friday (well, except for the 1099-MISCs reporting nonemployee compensation that were due January 31), your Affordable Care Act Forms 1094 and 1095 are due as well! And this is the e-filing deadline so, if for some reason, you were thinking of sending in paper forms: don’t. They’ll be counted as late, you’ll incur a late-filing penalty, and you’ll be making the whole ordeal a lot more difficult for yourself - especially since e-filing is the easier, more secure option for filing anyway.

You may remember last year and years before when W-2 Forms were due March 31 as well. Unfortunately - and we tried to warn you! - the IRS changed the W-2 deadline for 2016 tax year forms to January 31, 2017. If you missed the memo, try to get these forms in as soon as possible, but remember there’s a chance you’ll receive IRS penalties anyway.

At any rate, this year for the 2016 tax year, Forms 1099 and ACA Forms 1094 and 1095 are due this Friday, March 31, 2017.

Of course, ExpressIRSForms is here to help you get those forms e-filed correctly and securely on time, but if you’re still a little hesitant, we’ve also got another card to play: Form 8809. Form 8809 is the extension form for information returns like Forms 1099 and 1094/1095 and when you apply, you get an automatic 30-day extension to get your forms to the IRS. Don’t even have to have an excuse or anything! You can e-file Form 8809 and get your extension confirmation email all in just a few hours - and for only $3.55 - with ExpressIRSForms!

You can even go ahead and e-file a Form 8809 and if you still get your other forms in on time, you’re golden! The IRS doesn’t care if you apply for an extension and don’t use it, but they do very much care if you don’t apply for an extension and end up being late.

So, to get started, just log into your ExpressIRSForms account, click the big, orange Start New Form button, and get going on your 8809, 1099, and/or ACA Forms! And if you have any questions, don’t hesitate to reach out to our support team: we’re available Monday through Friday, 9:00 a.m. to 6:00 p.m. EST by phone (704-684-4751) and live chat. And we also provide 24/7 assistance at support@ExpressIRSForms.com!

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2016 Tax Year Changes for Form 1094-C

Yesterday we learned about the new changes coming to Form 1095-C in 2017 for the 2016 filing season. And we’d certainly be remiss to not mention the changes to its accompanying form, Form 1094-C.

Transmittal Form 1094-C
As you may know, Form 1094-C is the transmittal form of Form 1095-C, and it summarizes the data found in its accompanying ACA return. It’s filed by Applicable Large Employers who are required to offer health insurance coverage to their fifty or more full-time employees. You don’t need to send a copy of Form 1094-C to your employees with their Form 1095-C, but it is required to have the Form 1094-C to the IRS by their ACA filing deadlines, which are:

• February 28, 2017, for paper filers and
• March 31, 2017, for e-filers.

So now that we’ve got all the basics out of the way…

The Changes
There are two form revisions to Form 1094-C that you’ll want to make note of:

• Line 22, box B has been designated “Reserved” and should not be used. This box used to indicate the Qualifying Offer Method Transition Relief, which is no longer available for 2016.
• “Section 4980H” was put in before “Full-Time Employee Count for ALE Member” in Part III, column (b), to remind those filing that the section 4980H definition of “full-time employee” should be used for filling out this column, not any other definition an ALE may use for other purposes.

So there you have it. And don’t forget that ExpressIRSForms is here to guide you through all the changes the ACA Forms encounter while helping you e-file them accurately and on time!


For more information on e-filing your ACA Forms with ExpressIRSForms, check out our website, or give us a call! Our friendly support team is here to help by phone (704-684-4751) and live chat Monday through Friday, 9:00 a.m. to 6:00 p.m. EST and by email 24/7 at support@ExpressIRSForms.com.

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The New ACA Form 1095-C Codes

Let’s switch gears here for a post and talk about the Affordable Care Act Forms. More specifically, Form 1095-C and the changes it’s gone through to be ready for 2016 filing early next year.

If you filed 1095-C Forms this past year, you may recall on lines 14 and 16 you were required to enter codes that corresponded with the type of coverage you offered and the safe harbor relief for which you were eligible. These codes were chosen from Code Series 1, Offer of Coverage, and Code Series 2, Section 4980H Safe Harbor Codes and Other Relief for ALE Members, respectively.

Code Series 1 Changes
This past year, Code Series 1 provided a variety of codes, numbered 1A to 1I, to indicate more information about the coverage offer you provided to the employee. But for 2016 filing, this code is a little different.

For one thing, code 1I, which only applied for 2015 transitional relief options, is no longer available and is marked as “reserved” by the IRS. In other words, don’t use it on any future forms.

For another, codes 1J and 1K were added to the list. Codes 1J and 1K address conditional offers of spousal coverage. A conditional offer refers to an offer of coverage that is subject to one or more objective conditions, which must be found reasonable to the IRS. An example of an appropriate conditional offer would be an offer to cover an employee’s spouse only if the spouse is not eligible for coverage under a group health plan sponsored by another employer or Medicare.

Code 1J: Minimum essential coverage providing minimum value is offered to the employee and at least MEC is conditionally offered to the spouse. MEC is not offered to the dependent(s).
Code 1K: MEC providing minimum value is offered to the employee and dependent(s) and at least MEC is conditionally offered to the spouse.

Code Series 2 Changes
Code Series 2 was a little bit different than the first series because not everyone would necessarily use it. Code Series 2, with codes 2A to 2I, is used to indicate the safe harbor relief for which you may be eligible.

This coming year, for the 2016 filing season, code 2I is no longer applicable. Similar to code 1I, code 2I only applied for a 2015 safe harbor relief option, so, naturally, it can’t be used past the tax year 2015.



We’ll be sure to keep you updated on any major ACA changes in the coming months to help make sure you’re as prepared as possible for the 2016 filing season. And if you have any questions in the meantime or need to e-file Form 1095-C, don’t hesitate to give ExpressIRSForms a call! We’re available by phone (704-684-4751) and live chat (through our site) Monday through Friday, 9:00 a.m. to 6:00 p.m. EST. We also provide 24/7 customer support via email at support@ExpressIRSForms.com.

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Miss the ACA E-filing Deadline?

Now that we’re almost halfway through July, the dust is finally starting to settle from the Affordable Care Act e-filing deadline that was June 30. If your return has come back with errors and you need to make corrections, ExpressIRSForms is the place to be. We’ve been on top of the ins and outs of ACA reporting since Day One.

Hm, what’s that? You haven’t filed yet at all?

Well, while we can’t really say that’s okay, there’s no need to start fretting over being late now. You may not be at the corrections stage like most filers, but ExpressIRSForms can still help!

First Off, There Are No Late Filing Penalties for the 2015 Tax Year
Although the IRS extended the actual deadlines for ACA Forms 1094 and 1095 (from March 31 to June 30) for the 2015 tax year, they realized there would still be many businesses that needed more time to power through the confusion of these new regulations and forms.

That’s why the IRS also announced earlier this year that if you can provide evidence that you made attempts to file on time but were delayed for whatever reason, they’ll forgive any late-filing fees you would have otherwise incurred. The big thing here though is that you still need to submit a completed (or as close to completed as possible) return to the IRS to show your good faith efforts.

Which is Where ExpressIRSForms Comes In
As an online, cloud-based program authorized by the IRS to e-file information returns, ExpressIRSForms is up, running, and able to be used anytime you need to access your account. That means that even weeks after a deadline, you can e-file your forms directly with the IRS. Additionally, our expert customer support team is available throughout the year, not just during tax season, to answer your questions from our base in Rock Hill, South Carolina.

To e-file your ACA Forms 1094 and 1095 with ExpressIRSForms, simply create an account on our website. From there, select the ACA forms option in the “Create New Forms” section. The program will then guide you through, step by step, until you’ve filed your return with the IRS.

If you have any questions or need help getting started, give us a call! We’re in the office Monday through Friday, 9:00 a.m. to 6:00 p.m. ET, where we’re available by live chat through www.ExpressIRSForms.com or at (704) 684-4751. Have a question after hours? We respond to questions sent via email 24/7! Just send a message to support@ExpressIRSForms.

Happy filing!

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Employer Health Care Arrangements

In order to be compliant with the new Affordable Care Act laws, many employers had to begin offering health insurance that met the minimum essential coverage (MEC) requirements to their full-time employees. In lieu of offering traditional insurance, some employers instead came up with employer health care arrangements wherein their employees’ coverage was taken care of, just not in the traditional sense of providing self- or fully-insured plans.

Unfortunately, employer health care arrangements aren’t what the writers of the ACA had in mind when they said, “provide coverage.” Here are a few questions we’ve received regarding these employer health care arrangements:

What if I don’t establish a health insurance plan for my employees but instead reimburse them for the premiums they pay for their own qualified health insurance?
According to the IRS, this sort of arrangement is considered an employer payment plan. Because employer payment plans generally don’t include an arrangement through which the employee may have an after-tax amount applied toward their health coverage (or have the opportunity to take that amount as a cash compensation).

The IRS notice goes on to explain that these employer payment plans are considered to be group health plans subject to market reforms, meaning that they cannot be integrated with individual policies to satisfy the market reforms. If the arrangement cannot satisfy the market reforms, you could be subject to $100/day excise tax per applicable employee.

Is there any transition relief for employers who did offer their employees health coverage through arrangements like an employer payment plan?
Yes. Last February, the IRS issued this notice, which provides transition relief from the excise tax described above. The transition relief applies to employer healthcare arrangements that are:

• employer payment plans sponsored by an employer who is not an Applicable Large Employer (ALE)
• S corporation healthcare arrangements for 2% shareholder-employees
• Medicare premium reimbursement arrangements
• TRICARE-related health reimbursement arrangements (HRAs)

E-filing with ExpressIRSForms
The deadline to e-file your 2015 ACA return was yesterday (June 30). However, if you haven’t filed yet, you can still do so through your ExpressIRSForms account. For questions or help getting started, give us a call at (704) 684-4751 or send us a live chat or an email to support@ExpressIRSForms.com.

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Full-Time Employee Service Hours: How to Add Them Up

Yesterday, we gave you the basic formula for calculating your employees’ total hours worked so that you could assess how many full-time equivalent employees (FTEs) you employ. It’s important to know the exact number of FTEs working for you for the sake of filing your Affordable Care Act return. When totaling your employees’ hours worked, you’ll want to make sure you’re calculating them in one of the three IRS-allowed ways to ensure your ACA compliance.

Before we get down to the types of calculation, let’s clarify what’s included in hours of service. Obviously, it’s hours spent working by the employee, but hours of service also include hours for which the employee is paid for:

• vacation or holiday,
• illness or incapacity (including disability),
• layoff,
• jury duty, and
• military duty or leave of absence.

When calculating your total hours of service, do not include hours for seasonal employees (who work less than 120 days).

Actual Hours Worked
The most straight-forward method, the Actual Hours Worked calculation method determines the actual hours of service from records of hours your employees worked and were paid. So if your payroll records indicate an employee worked 2,000 hours and was paid for an additional 80 hours (for vacation, holiday, and illness leave), the employee would have worked 2,080 hours of service for the year.

Days-Worked Equivalency
If you use the Days-Worked Equivalency method, you’ll credit an employee with eight hours of service for each day the employee was required to work at least one hour of service, including hours of paid leave. In other words, if you use this method and you have an employee who works from 8:00 a.m. to 12:00 p.m. each day for 200 days, the employee would be credited with 1,600 hours of service (8 hours for each day worked, multiplied by 200 days).

Weeks-Worked Equivalency
This method is a little similar to our previous one, only it goes by weeks instead of days. When you use the Weeks-Worked Equivalency method, you credit an employee with 40 hours of service for each week for which payment is made or due (including weeks of paid leave). For example, if you have an employee who worked 49 weeks and took two weeks of vacation with pay, the employee must be credited with 2,040 hours of service (51 weeks x 40 hours/week).

E-filing With ExpressIRSForms
When you e-file with ExpressIRSForms, you have access to our full-time employee calculator, making your ACA e-filing that much easier. To get started, just create an account, then follow the steps to generate and e-file your forms. If you run into any problems or have a question, you can give our expert customer service team a call at (704) 684-4751 Monday through Friday, 9;00 a.m. to 6:00 p.m. ET or send us an email anytime to support@ExpressIRSForms.com.

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What is the Origin of Policy for ACA Reporting?

There’s a lot of important information reported to the IRS on your 1095-B Forms regarding the offers of health care coverage you made throughout the year. Included in the information you’re required to provide is the origin of the policy, which is entered on Line 8 of Form 1095-B.

When you come to Line 8 of Form 1095-B, you’ll enter a letter (A-F) to indicate where the health insurance policy you offered your recipients originated:

• A. Small Business Health Options Program (SHOP)
• B. Employer-sponsored coverage
• C. Government-sponsored program
• D. Individual market insurance
• E. Multiemployer plan
• F. Other designated minimum essential coverage (MEC)

ExpressIRSForms helps make sure you have the right information in the right places on all of your ACA Forms, including 1094 and 1095-C Forms. So get started e-filing your ACA forms through your ExpressIRSForms account today - you only have a little over a week left to get them e-filed to the IRS!

If you have any questions, we’re available by live chat and phone (704-684-4751) Monday through Friday, 9:00 a.m. to 6:00 p.m. EDT. We also offer 24/7 assistance through support@ExpressIRSForms.com.

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Void or Corrected: Which Box Should You Check on Form 1095-C?

If you look at the top of Form 1095-C, Employer-Provided Health Insurance Offer and Coverage, you’ll see two boxes, one labelled VOID, one CORRECTED. If you find yourself amending an ACA return you’ve already submitted to the IRS, you may end up doing more than just looking at the boxes. The question we’re here to answer today is which do you use for what situation?

The Void Box
This one’s pretty straightforward. If you’ve filed a Form 1095-C for an employee in error or need to just void completely a filed Form 1095-C for any other reason, you’ll check this box on a new Form 1095-C. Fill out the same information as is on the 1095-C you’ve already filed and are voiding so the IRS knows to which form in your original return you’re referring.

The Corrected Box
This box you may check for any number of reasons, the main one being that you need to make a correction on a Form 1095-C you’ve already filed. You’ll enter an X in the “Corrected” box on a new 1095-C form for any form you’ve already filed that had incorrect

• Employer/employee name,
• SSN or EIN,
• Offer of Coverage,
• Premium Amount,
• Safe Harbor or other relief codes,
• Covered Individuals’ information.

You’ll need to furnish a corrected copy to the recipient of the coverage (and the original Form 1095-C) in addition to the one you send to the IRS.


With ExpressIRSForms, ACA corrections are a breeze. Get started e-filing today by creating a free account! And if you have any questions, you can give our expert customer service center a call at (704) 684-4751 or send us an email to support@ExpressIRSForms.com.

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Middle Class America & Affordable Insurance: The Premium Tax Credit

Since providers of the ACA-compliant health insurance many Americans have received are busy working on e-filing their IRS-required ACA return before June 30, ExpressIRSForms is here to give some more information to the individual taxpayers required to obtain affordable health insurance.

The premium tax credit was introduced by the IRS in January of this year. It’s meant to give middle-class Americans tax benefits which will help make it easier to find and purchase affordable health insurance.

Premium Tax Credit Eligibility
In order to be eligible for a premium tax credit:

• Your household income has to be at least 100% the federal poverty line (FPL), without exceeding 400% of that line.
• You’ll need to file a joint income tax return if you’re married, with certain exceptions for victims of domestic violence and spousal abandonment.
• You must be enrolled in a “qualified health plan” through an Affordable Insurance Exchange.

If someone else is able to claim you as a dependent, you’re not eligible for the premium tax credit. You’re also not eligible if you are eligible for other qualifying coverage, like Medicare, Medicaid, or employer-sponsored coverage.

How Much is the Tax Credit?
Your premium tax credit amount will generally be equal to the difference between the premium for the “benchmark plan” and your “expected contribution.”

• Your expected contribution is a specified percentage of your household income. For the tax year 2015, this percentage ranges from 2.01% of income (families at 100% of the FPL) to 9.56% of income (families at 400%). 
• A benchmark plan is a plan that is the second-lowest-cost plan. The plan must also cover your family at the “silver” level of coverage.

Keep in mind that this credit is capped at the premium for the plan the family chooses, so no one will receive a credit that is larger than the amount they pay for their plan.

Important Premium Tax Facts

• The premium tax credit actually applies to a broad range of middle-class families: the income range of 100% to 400% of the FPL roughly translates to apply to families of four who made between $23,850 to $94,400 in 2015 and $24,250 to $97,000 in 2016.
• Older Americans who face higher premiums because they’re not yet eligible for Medicare will receive a larger tax credit since the amount of the credit is directly tied to the amount of the premium.
• The premium tax credit is fully refundable, and advance credit payments are made by the Department of the Treasury directly to the insurance company to help with the cost of monthly premiums.

CPAs, service providers, and applicable large employers who still need to e-file their ACA return with the IRS can do so quickly and easily through their ExpressIRSForms account! If you have any questions about getting started, just give us a call at (704) 684-4751 or send us an email to support@ExpressIRSForms.com.

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How to E-file Form 1095-B with ExpressIRSForms

If you saw our post the other day about e-filing Form 1095-C with ExpressIRSForms and thought, “That seems helpful, but I need to e-file the 1095-B,” then this post is for you. Today we’re going to go over how to e-file Form 1095-B with our program.

Getting Started
This part isn’t too different from Form 1095-C; you’ll still need to create or log into an account on ExpressIRSForms to start the e-filing process. Once you’re logged in, you’ll see a button that says, “Create New Forms.” Click this, then click “Start Now” under the ACA option.

Employer Information
Next, you’ll start the process by entering the employer information for your return. If you’ve already entered employer data before, you can select it from the drop-down menu. You’ll need to indicate if you, the filer, are an employer or the insurer and whether or not you’re a governmental unit. Once all of the employer information is entered and correct, click Next.

Before you enter employee information, the program determines if you’re a member of an aggregated group and which form you’ll need to file based on the type of insurance offered and the amount of employees you have.

Employer Offered Coverage
The next step is to enter the employee data, including the offers of coverage made to them. You can do this individually, entering each employee and his/her information in one at a time, or you can use our bulk upload option. Just download the Excel template we provide and enter your information - or use one of your own - before uploading the information of all of your employees at once.

Summary
Once all of your information has been entered, you’ll see a summary screen that gives you the opportunity to review and edit your return. Once you’re satisfied, click Review, and we’ll perform one last error check to make sure your return is free of any obvious errors before e-filing it to the IRS.

And that’s really all there is to it. If you’re more of a visual learner, have a look at this video we’ve made taking you step-by-step through the 1095-B e-filing process:

If you have any questions about e-filing with ExpressIRSForms, don’t hesitate to reach out to us! We’re available by phone (704-684-4751) and live chat Monday through Friday, 9:00 a.m. to 6:00 p.m. EDT. For assistance 24/7, send us an email to support@ExpressIRSForms.com.


Looking for something a little less hands on? Try ExpressACAForms, our full-service ACA e-filing solution!

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Unique ACA Challenges Employers with Multiemployer Plans Face

ALEs, or Applicable Large Employers, who contribute to a multiemployer health coverage plan will face some unique challenges when reporting their offers of coverage to the IRS on Forms 1094-C and 1095-C. Multiemployer plans - so we’re all on the same page here - are plans that cover employees of unrelated companies as settled upon in a collective bargaining agreement.

Internal Revenue Code Section 6056 indicates multiemployer plan administrators may prepare their return for employees eligible for the multiemployer plan, reporting information on the plan and the ALE member. However, when the Forms 1094-C and 1095-C were finalized and published by the IRS, the instructions didn’t appear to provide any way for a plan administrator to do this. In other words, it appears that ALE members must report full-time employees eligible for a multiemployer plan and that ALE member is responsible for any incorrect reporting and subsequent penalties incurred.

It is true that ALE members must file a Form 1095-C for each full-time employee and provide information regarding the offer of health coverage. However, in the case of multiemployer arrangements, ALEs typically don’t make the direct offer of coverage. This means you’ll need to get details of the offer(s) from your coverage provider.

As for reporting your data on Forms 1094-C and 1095-C, the Preamble to the Code Section 4980H has included interim guidelines for employers who contribute to a multiemployer plan:

• On Form 1094-C, Part III, column (a), treat all the employees you contribute to the multiemployer plan as if they have been offered minimum essential coverage (MEC), even if they haven’t, for the months you’re eligible to use interim guidance.
• On Form 1095-C, Part II, line 14, enter the code of health coverage that corresponds with the coverage actually offered to the employee, even if it contradicts what you included on Form 1094-C in Part III.
• On Form 1095-C, complete lines 15 and 16 as usual, including the premium amount (line 15) and any applicable Safe Harbor relief code (line 16).
• If you’re completing multiple 1094-C Forms for one ALE member, one of the forms must be marked as the authoritative transmittal copy. This copy must include aggregate employer-level data for all full-time employees.
• Sponsors or insurers of multiemployer plans are required to furnish information about health coverage to any enrolled employees on Forms 1094-B and 1095-B. ALE members should not complete Form 1095-C, Part III for these employees.

ExpressIRSForms works to make sure you’re reporting everything correctly the first time around. Create an account today to get started e-filing ACA forms for your multiemployer plans! And if you have any questions, we’re available by phone (704-684-4751) and live chat Monday through Friday, 9:00 a.m. to 6:00 p.m. EDT. Have questions after hours? Send us an email to support@ExpressIRSForms!



Looking for something a little less hands on? Check out ExpressACAForms, our full-service ACA e-filing solution!

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How to E-file Form 1095-C with ExpressIRSForms

Hello, and welcome to ExpressIRSForms! Today we’re going to take you step by step through the process of e-filing a Form 1095-C with ExpressIRSForms. If you’ve e-filed your 1099s or W-2s with us before, things may look a little familiar. If you’re just stopping by for the first time, sit back, relax, and see how easy it is to e-file with ExpressIRSForms:

Getting Started
First things first, you’ll need to either create an account at www.ExpressIRSForms.com, or log into your existing one. Select either the “Register” or “Sign In” button on the top right corner of our home page, as it is applicable to you. Once you’ve logged into your account, you’ll see a button that says “Create New Forms.” Click this, and select the ACA forms option.

Employer Information
After you’ve indicated you’d like to e-file ACA forms, you’ll be taken to a screen to enter the employer information needed for your ACA return. Enter your employer by either selecting their name from the drop-down menu of your existing employers, or filling in the boxes to add a new employer. Once you’ve confirmed all of your information is correct, click Next.

Next, the program will determine if your employer is a member of an aggregated group, what type of insurance is sponsored by the employer, and the amount of full-time employees (FTEs) your business has by asking a few simple questions. Before completing the next part of your form, you’ll come to a checkpoint screen that summarizes the type of ACA form you’re filing along with your employer information. Click Continue to go to the next part.

Employer Offered Coverage
Now onto what the ACA forms are all about: your employees and the coverage you offered them. You’ll see on the first screen for this section that you have the option to add employees individually or bulk upload them using our Excel template or one of your own. Select which option you’d like, and either enter your employees’ data individually, or upload your ACA data spreadsheet.

Authoritative Transmittal
Once you’ve either entered or uploaded your employee data, click Next to indicate whether or not this return will be considered the Authoritative Transmittal for your complete ACA return. If this is your only transmittal, it automatically becomes the Authoritative Transmittal (AT).

After indicating the AT, the program will ask about any transition relief your organization or business qualified for during the tax period. The next pages will ask you to confirm you offered minimum essential coverage (MEC) throughout the year and your total number of FTEs as well as total number of employees overall.

Summary
Lastly, you’ll come to your summary screen. Look over everything to make sure your employer and employee info is entered correctly and click Review. The program then performs one last error check to make sure your return is free of any obvious errors before it’s transmitted to the IRS. If there are no errors, just click through to add your payment information for the one-time transmittal fee, and transmit your return to the IRS.

See, wasn’t that simple?

If you have any questions about e-filing with ExpressIRSForms, give us a call! We’re available Monday through Friday, 9:00 a.m. to 6:00 p.m. EDT, at (704) 684-4751. We also provide 24/7 email assistance at support@ExpressIRSForms.com.



Looking for something a little less hands on? Try ExpressACAForms, our full-service ACA e-filing solution!

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Employer Shared Responsibility FAQs, Part 2

And we’re back! Let’s jump right into part two of our Employer Shared Responsibility FAQs:


Are companies with employees working outside the US subject to the Employer Shared Responsibility provisions?
Typically, for determining whether or not you’re an ALE (Applicable Large Employer), you’ll only take into account the work performed in the United States. In other words, if a foreign employer has a large workforce worldwide but doesn’t have at least 50 workers in the US, they wouldn’t be subject to the Employer Shared Responsibility provisions.

Are companies that employ US citizens working abroad subject to the Employer Shared Responsibility provisions?
If you employ US citizens abroad, you’d typically only be subject to Employer Shared Responsibility provisions if you have at least 50 FT employees performing work in the US. Generally, US citizens working only abroad will not be taken into consideration when determining ALE status.

How does an employer that wasn’t in existence throughout the preceding calendar year determine if it employs enough people to be subject to the Employer Shared Responsibility provisions?
If your business wasn’t in existence any day in the previous calendar year, you’d only be considered an ALE (and therefore need to file) if in the current year you’re expected to hire/employ an average of 50 or more full-time employees. To determine next year’s status (a.k.a. the year after the first year your business was in existence), you’ll use the same general rules as everyone else: counting up your full-time employees to determine if there are more than 50 of them.

If two or more companies have a common owner (or are otherwise related), are they combined to determine whether they employ enough people to be subject to the Employer Shared Responsibility provisions?
Yes, according to Section 4980H, in order to determine ALE status, you would need to combine the number of employees for any groups with a common owner, or that are otherwise related. If the combined total is more than 50 full-time employees, each employer is subject to the Employer Shared Responsibility provisions.

Do the Employer Shared Responsibility provisions apply to employers in states where a federally-facilitated exchange (or Marketplace) has been established on behalf of the state?
Yes. As an ALE, you’re subject to an Employer Shared Responsibility payment if at least one (1) of your FT employees receives a premium tax credit, which is only available to eligible individuals who receive coverage through a Marketplace.


So now that your questions have been answered, are you ready to get started e-filing your ACA return? Just log into your ExpressIRSForms account to create your forms, or let us do it for you over at ExpressACAForms!

Didn’t see your question in either of our posts? Just reach out to our friendly customer service center and we’ll try to help any way we can! We’re available by phone Monday through Friday, 9:00 a.m. to 6:00 p.m. EDT, at (704) 684-4751 and by email 24/7 at support@ExpressIRSForms.com.

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Could the Affordable Care Act be Repealed?

It’s no secret the Affordable Care Act, also known as Obamacare, wasn’t the most popular piece of legislation to pass. It’s also no secret that candidates across the board are preparing for either a complete or partial repeal of the ACA and are adding their best alternatives to their respective platforms.

In anticipation of what the election could mean for the ACA, the International Foundation of Employee Benefit Plans (IFEBP) in Brookfield, Wisconsin recently released a new survey report on the impact of the ACA. They found that 78% of employers would like to keep some of the mandated changes brought on by the ACA, even if it were to be repealed. However, new legislation would have to be written to maintain these changes. Employers mostly wanted to keep these provisions, as they noticed a positive impact on their employees’ physical, financial, and emotional well-beings as a result:

• The elimination of pre-existing condition exclusions
• Coverage of adult children through the age of 26
• Increased wellness incentives
• No cost-sharing for preventative care

The biggest compliance challenges for employers, however, were found to be reporting and disclosure issues, cost issues, and employee communications.

At the IFEBP’s recent Washington Legislative Update event, they announced three possible scenarios for the ACA as a result of the November election:

1. If the Republican nominee is elected and the Republicans keep control of Congress, the ACA will be repealed. A tax reform and regulatory rollback will accompany this. Democrats will have the option to filibuster to contest any of their changes, but the majority vote from a Republican Congress would pass any measure related to spending and revenue.
2. If the Democratic nominee is elected and the Democrats take control of Congress, the ACA will stay, but it’s probably necessary fixes will be passed through the budget reconciliation process.
3. If the Democratic nominee is elected but the Republicans keep control of Congress, the likely result is “more of the same gridlock” barring a related crisis, like health insurers abandoning public exchanges.
4. If a 3rd party nominee is elected, well, we're not sure what will happen because our source didn't explore that option.

But, regardless of the result of the November 2016 election, it’s still required to have your 2015 ACA return e-filed by the end of this month - by 11:59 p.m. on June 30, 2016. You can e-file your return quickly and easily with ExpressIRSForms! If you have any questions, feel free to give us a call Monday through Friday, 9:00 a.m. to 6:00 p.m. EDT, at (704) 684-4751. We’re also available 24/7 at support@ExpressIRSForms.com.


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How to Convert Non-Hourly Compensation into ACA Service Hours

As an Applicable Large Employer (ALE), it’s your responsibility to make sure you make offers of health coverage and benefits to your full-time employees, which the IRS determines based on the amount of hours they work per week (30 or more, and they’re full-time).

But what about your employees whose compensation isn’t based on their actual hours but on their output of work? In the instance of commission-only sales persons, pieceworkers, adjunct faculty, or any other workers whose hours you don’t track, you’ll need to develop a method of converting the work they’ve done into an hours-of-service equivalent consistent with the ACA regulations under Section 4980H.

These regulations essentially boil down to your method must be “reasonable” in the eyes of the IRS; in other words, the method can’t be designed to limit the employee’s right to a health insurance offer. This means you’ll more than likely have to take into account hours other than the ones the employee produced work to figure out their status (i.e., travel time for your commission-only sales people).

There are also varying, industry-specific methods to determining the status of pieceworkers, or workers who are paid according to the number of units of work produced:

• In the fishing industry, workers are often compensated based on the weight of their catch, so their employee status can be determined by how long the fishing boat was out. If on average during the measurement period, the boats were out for 12 hours each day, each worker would be credited 12 hours each day he/she was out on the boat.

• Some of our ExpressTruckTax users may want to pay attention to this one: companies who pay their truckers based on their miles traveled can convert those miles into hours worked. A good conversion rate, based on speed limits and break times, is 50-miles-to-1-hour-of-service. So, for example, a trucker who traveled 400 miles in one day would earn 8 hours toward his/her full-time status.

• For agricultural workers, like apple pickers, paid based on what they gather each day can use the bins or baskets they gather as an hour conversion method. For example, you pay your workers $12 per bin of apples they collect daily, estimating that it takes about an hour to pick a full bin. If your records reflect you paid an employee $99 one day, you can divide that by the $12/bin to determine he/she worked roughly 8 ¼ hours.

• The IRS has outlined a way to determine the status of adjunct faculty members at higher-education institutions. For employees who are paid by the class, 2 ¼ hours of service should be included per week (to cover teaching and classroom time in addition to out-of-class work like lesson prep and grading) for each hour of classroom time. Additionally, 1 hour of service per week should be included in their total for each additional hour outside of the classroom they spend on their required duties, such as during office hours or faculty meetings.

If you’ve already got your employees work hours totaled and are ready to file your ACA forms, log into your ExpressIRSForms account today to get started! Or, check out our full-service filing option, ExpressACAForms. If you’re not sure which you’d like to try, just give us a call at (704)-684-4751 and we’ll be happy to help you get started.

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Affordable Care Act Compliance Penalties

If an ALE (Applicable Large Employer), or anyone else who has to file information returns under the Affordable Care Act (ACA), fails to comply with this new ACA reporting requirement, they may be subject to IRS penalties and fines. And remember: penalties apply to both the forms that were supposed to be sent to the IRS but weren’t and forms that were supposed to be sent to your employees/recipients but weren’t.

Your potential penalty is determined by when your forms are received by the IRS (or your recipients) without any errors. If you send your completed return

• within 30 days of the deadline, you’ll be charged up to $50 per form.
• after 30 days after the deadline but before August 1, you’ll be charged up to $100 per form.
• after August 1 or not at all, you’ll be charged up to $250 per form.

There are regulations in place to cap the total amount you can be charged each year (the largest limit being $3,000,000), however, the IRS does reserve the right to increase these charges if they find evidence of willful intent not to file.

The IRS is offering exemption from these filing penalties for the 2015 filing year, which is completed this year (in 2016) if you can prove you made every effort to file your return correctly and on time.

You can avoid these penalties by filing on time and correctly, which is where ExpressIRSForms comes in. While we can’t make you file on time, it is our policy to remind you of any upcoming deadlines, and all of the bonus features we pack into our program will help make sure your return is error-free. So give it a try today!

For help getting started e-filing your ACA forms, or if you have any questions, don’t hesitate to reach out to our customer support team. We’re available by phone (704-684-4751) and live chat Monday through Friday, 9:00 a.m. to 6:00 p.m. EDT, and by email (support@ExpressIRSForms.com) 24/7.



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What You Need to Know About ACA Form Corrections

While we all want to assume our ACA forms will be filed correctly - with every i dotted, t crossed, and number in its place - the first time around. But with the sheer amount of information that will go into some filers returns, it’s understandable some forms may come back rejected. If that’s the case, you’ll need to be prepared to file an ACA correction.

With ExpressIRSForms, it’s easy to file a correction for your ACA forms. When your return is rejected, our system pulls the form(s) with the error for you to fix and takes you step-by-step through the process of retransmitting.

So what might you possibly need to correct on the forms? Here’s what can be corrected on each form so you can double check before e-filing (although ExpressIRSForms does that too) to help keep your forms from being rejected.

Form 1095-C

• Employee details
• Name, address, and SSN
• Employee offer and coverage information
• Offer of Coverage code, employee share amount, and Safe Harbor code
• Covered Individuals details
• Name, SSN or date of birth, and months covered

Form 1095-B

• Responsible Individual (employee) details
• Name, SSN or date of birth, address, and Origin of the Policy code
• Employer details
• Name, EIN, and address
• Issuer details
• Name, EIN, and address
• Covered Individuals details
• Name, SSN or date of birth, and months covered

Form 1094-C

• Employer details
• Name, EIN, Address, and Designated Government Entity details (if applicable)
• ALE member information
• Total number of 1095-C forms, Aggregated ALE Group details (if applicable)

Form 1094-B
Form 1094-B has no additional information on it that would cause a return to be rejected, and therefore would not require any corrections.

Need help e-filing your ACA forms with ExpressIRSForms? Give us a call Monday through Friday, 9:00 a.m. to 6:00 p.m. EDT, at (704) 684-4751, or send us an email anytime at support@ExpressIRSForms.com.



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Measurement Methods for Identifying Full-time Employees for ACA Purposes

One of the most important parts in ACA compliance is identifying which full-time employees to whom you’re required to make offers of health care coverage. First things first, however, you’ll need to determine if you’re an Applicable Large Employer (ALE). In other words, determine if you have 50 or more full-time employees. And keep in mind that the IRS considers 30+ hours a week (or 130 or more hours/month) to be full-time.

There are two methods for determining full-time employee status:

• The monthly measurement method
• The employer looks at each month the employee has worked individually to see which ones exceeded 130 hours of service
• The look-back measurement method
• The employee goes through a standard measurement period, where they work their usual hours as determined by the employee and employer upon hire.
• Then, the employer determines the employee’s full-time status based on the measurement period, during what is known as a stability period.
• Employers may not use the look-back method when determining ALE status, only for an individual employee’s full-time status.

When determining an employee’s status, an hour of service is considered to be each hour the employee is paid (or should be paid) for performing his/her duties as set by the employer, including the hours the employee is entitled to payment during which no duties are performed (like vacation pay, holiday pay, sick leave, disability, layoff period, jury duty, military duty, or leave of absence). For the purpose of the employer shared responsibility provisions, this does not include these hours of service/employees:

• Volunteer employees
• Students performing work-study
• Members of religious orders
• Compensation that isn’t US source income

You can find more information about totalling hours of employees in more nuanced categories, like adjunct faculty, those who work layover hours (like airline industry employees), and on-call employees, here.

If you have any questions regarding your ACA filing, you can give us a call at the ExpressIRSForms headquarters in Rock Hill, SC. We’re available by phone Monday-Friday, 9:00 a.m. to 6:00 p.m. EDT at (704) 684-4751, and we also offer 24/7 email assistance at support@ExpressIRSForms.com.




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Health Care Coverage: Self-Insured v. Fully-Insured

There are two main types of health plan employers need to consider when setting up the coverage they’ll over their employees: self-insured (or self-funded) and fully-insured.

The big difference between the two is in self-insured health care coverage plans, the employer assumes financial risk for the employees’ benefits, paying the claims out of pocket rather than a fixed premium to the insurance carrier, like fully-funded plan providers do. Read on to learn a little more about the more specific differences between the two plans.

Self-Insured Plans
Rather than purchasing a fully-insured plan from an insurance carrier, employers who choose a self-insured plan are opting to operate their own health plan. These employers are generally larger ones and benefit from this type of plan because it allows them to save on the premiums insurance companies charge for fully-funded plans. It can be risky, though, because the employer will end up paying more out of pocket if more claims than are expected need to be paid.

Fully-Insured Plans
A fully-insured health plan is the more traditional option for employers, especially if you’re on the smaller end of the ALE scale. For this type of plan, the employer agrees on a fixed premium each year, paid to the insurance company based on the amount of employees the employer has enrolled. The insurance carrier will then pay any health care claims throughout the year, and employees are responsible for any deductibles or co-pays required for services.

Now that you’ve got your ACA-compliant health care coverage, do you know how you’re filing your forms? ExpressIRSForms now offers e-filing for ACA Forms 1094 and 1095, or you can check out ExpressACAForms for our full-service e-filing option.

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ACA Form 1094-C Certification of Eligibility

Applicable Large Employers (ALEs) may be eligible for relief from certain requirements as they transition to payroll and benefits systems that meet Affordable Care Act standards.

In order to indicate to the IRS that they were eligible for this relief on their 2015 ACA return, ALEs will check a box indicating which Certification of Eligibility they qualified for on Line 22 of Form 1094-C. In this post, we’ve compiled a list of the four methods of relief found on Line 22 and how eligibility for them can be met.

Qualifying Offer Method (Box A)
A Qualifying Offer applies if you (the ALE) made a minimum value (MV) offer to at least one full-time employee for each month of the year they were full-time. Additionally, you would’ve needed to offer minimum essential coverage (MEC) to the employee’s spouse and dependent(s) that cost them no more than 9.5% of the federal poverty line (FPL).

Qualifying Offer Method Transition Relief (Box B)
This method of relief is available for the 2015 tax year only. An ALE must have made a qualifying offer (as described above) to 70% of their full-time employees for one or more months of the year. Filing Bonus: If you check Box A or B on your 1094-C, you can use a simplified, generic Form 1095-C instead of individual forms.

Section 4980H Transition Relief (Box C)
Section 4980H relief has two types, depending on just how LE of an ALE you are:

• Option 1: ALEs with 50-99 FT employees are eligible if they didn’t reduce their workforce or their employees’ hours of work in order to meet ACA compliance requirements. They also can’t have reduced or eliminated coverage offered.
• Option 2: ALEs with 100+ FT employees with this eligibility are subject to assessable penalty reduced by 80 employees instead of the standard 30.

98% Offer Method (Box D)
ALEs are eligible to check this box if they made an offer of affordable coverage (that meets MV qualifications) for every month of the year to at least 98% of the employees for whom they’re filing 1095-C forms. These can be enrolled full-time and part-time employees.

If you’re eligible for one of these relief methods, be sure to indicate so on your Form 1094-C. ExpressIRSForms can help prompt you to do this when you e-file your ACA Forms through our system, saving you from making any filing errors. For help getting started, you can call our support team in Rock Hill, SC at (704) 684-4751 Monday through Friday, 9:00 a.m. to 6:00 p.m. EDT. After hours, we offer assistance via our email, support@ExpressIRSForms.com.





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