April 1, 2019 is the deadline to electronically file with the Internal Revenue Service (“IRS”) Forms 1094-B, 1095-B, 1094-C, 1095-C, and 8027. February 28 was the deadline to file paper forms. Employers who file more than 250 returns with the IRS must do their reporting electronically.
Affordable Care Act (“ACA”) Filing Requirements
Under the ACA, applicable large employers (“ALEs”) (generally, those with at least 50 full-time or full-time equivalent employees in the previous calendar year) are required to report offers of health coverage and employee enrollment using IRS Forms 1094-C (Transmittal of Employer-Provided Health Insurance Offer and Coverage Information Returns) and 1095-C (Employer-Provided Health Insurance Offer and Coverage). Non-ALEs who sponsor self-insured plans are required to file with the IRS Forms 1094-B (Transmittal of Health Coverage Information Returns) and 1095-B (Health Coverage).
Employers can electronically file through the ACA Information Returns (“AIR”) System. Publication 5165 is a Guide for Electronically Filing Affordable Care Act (ACA) Information Returns.
The penalty for failing to file or filing late is $270 per violation up to a maximum of $3,275,500.
Form 8027 For Large Food or Beverage Establishments
Employers who operate large food or beverage establishments must file Form 8027 (Employer’s Annual Information Return of Tip Income and Allocated Tips) to report to the IRS receipts and tips. In addition, employers use Form 8027 to determine allocated tips for tipped employees.
A large food or beverage establishment is a food or beverage operation:
- That is located in the 50 states or in the District of Columbia,
- Where tipping of food or beverage employees by customers is customary, and
- Whose employer normally employed more than 10 employees on a typical business day during the preceding calendar year. Use the IRS worksheet to determine if you meet this 10-employee test.
Employers can electronically file through the Filing Information Returns Electronically (FIRE) system. See Publication 1239 for more information about filing Form 8027 electronically.