Userid: CPM Schema: instrx Leadpct: 100% Pt. size: 9 Draft Ok to Print AH XSL/XML Fileid: … 094b&1095b/2023/a/xml/cycle04/source (Init. & Date) _______ Page 1 of 7 14:08 - 27-Sep-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service 2023 Instructions for Forms 1094-B and 1095-B Section references are to the Internal Revenue Code unless Minimum essential coverage doesn't include coverage otherwise noted. TIP consisting solely of excepted benefits. Excepted benefits include vision and dental coverage not part of a Future Developments comprehensive health insurance plan, workers’ compensation For the latest information about developments relating to Forms coverage, and coverage limited to a specified disease or illness. 1094-B, Transmittal of Health Coverage Information Returns, and 1095-B, Health Coverage, and their instructions, such as Who Must File legislation enacted after they were published, go to IRS.gov/ Every person that provides minimum essential coverage to an Form1094B and IRS.gov/Form1095B. individual during a calendar year must file an information return reporting the coverage. Filers will use Form 1094-B (transmittal) What’s New to submit Forms 1095-B (returns). The electronic filing threshold for information returns required to be filed on or after January 1, 2024, has been decreased to 10 or Employers (including government employers) subject to the more returns. See Electronic Filing, later. employer shared responsibility provisions sponsoring self-insured group health plans, including individual coverage Additional Information health reimbursement arrangements (HRAs), will generally For information relating to the Affordable Care Act, visit IRS.gov/ report information about the coverage in Part III of Form 1095-C ACA. instead of on Form 1095-B. However, employers that offer employer-sponsored self-insured health coverage to For the final regulations relating to Form 1095-B reporting, nonemployees who enroll in the coverage may use Form see T.D. 9660, 2014-13 I.R.B., at IRS.gov/IRB/2014-13_IRB/ 1095-B, rather than Form 1095-C, Part III, to report coverage for AR08.html and T.D. 9970, 2023-02 I.R.B. 311, at IRS.gov/irb/ those individuals and other family members. In general, 2023–02_IRB. employers with 50 or more full-time employees (including For additional guidance and proposed regulatory changes full-time equivalent employees) during the prior calendar year relating to Form 1095-B reporting, including the requirement to are subject to the employer shared responsibility provisions. See solicit the taxpayer identification number (TIN) of each covered the Instructions for Forms 1094-C and 1095-C for more individual for purposes of the reporting of health coverage information about who must file Forms 1094-C and 1095-C and information, see Proposed Regulations section 1.6055-1(h) and for more information about reporting coverage for Regulations section 301.6724-1. nonemployees. Small employers that aren't subject to the employer shared responsibility provisions sponsoring For additional information relating to reporting by providers of self-insured group health plans will use Forms 1094-B and minimum essential coverage, go to IRS.gov/Affordable-Care-Act/ 1095-B to report information about covered individuals. Employers/Information-Reporting-by-Providers-of-Minimum- Essential-Coverage. Insured coverage. Health insurance issuers and carriers must file Form 1095-B for most health insurance coverage, including For information relating to filing Forms 1094-B and 1095-B individual market coverage and insured coverage sponsored by electronically, visit IRS.gov/For-Tax-Pros/Software-Developers/ employers. However, health insurance issuers and carriers don't Information-Returns/Affordable-Care-Act-Information-Return-Air- report coverage under the Children’s Health Insurance Program Program. (CHIP), Medicaid, Medicare (including Medicare Advantage), or the Basic Health Program provided through health insurance companies. These types of coverage are reported by the General Instructions for Forms government sponsors of those programs. 1094-B and 1095-B In addition, health insurance issuers and carriers aren't required to file Form 1095-B to report coverage in individual Purpose of Form market qualified health plans that individuals enroll in through Form 1095-B is used to report certain information to the IRS and Health Insurance Marketplaces. This coverage is generally to taxpayers about individuals who are covered by minimum reported by Marketplaces on Form 1095-A. However, health essential coverage. Eligibility for certain types of minimum insurance issuers are required to file Form 1095-B to report on essential coverage can affect a taxpayer's eligibility for the coverage for employees obtained through the Small Business premium tax credit. Health Options Program (SHOP). For coverage in 2023 (filing in 2024), health insurance issuers and carriers are encouraged Minimum essential coverage includes government-sponsored (but not required) to report coverage in catastrophic health plans programs, eligible employer-sponsored plans, individual market enrolled in through the Marketplace. plans, and other coverage the Department of Health and Human Services designates as minimum essential coverage. Minimum Eligible Employer-Sponsored Plans essential coverage is described in more detail under Who Must Eligible employer-sponsored plans are minimum essential File, later. coverage and include the following. 1. Group health insurance coverage for employees under the following. Sep 27, 2023 Cat. No. 63017B |
Page 2 of 7 Fileid: … 094b&1095b/2023/a/xml/cycle04/source 14:08 - 27-Sep-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. a. A governmental plan, such as the Federal Employees 5. Coverage administered by the Department of Veterans Health Benefits program. Affairs that is: b. An insured plan or coverage offered in the small or large a. Coverage consisting of the medical benefits package for group market within a state. eligible veterans, c. A grandfathered health plan offered in a group market. b. CHAMPVA, or 2. A self-insured group health plan for employees. Generally, c. Comprehensive health care for children suffering from an HRA, including an individual coverage HRA, is a spina bifida who are the children of Vietnam veterans self-insured group health plan. and veterans of covered service in Korea. As noted earlier, minimum essential coverage doesn't include 6. Coverage for Peace Corps volunteers. coverage consisting solely of excepted benefits. Excepted 7. The Nonappropriated Fund Health Benefits Program of the benefits include vision and dental coverage not part of a Department of Defense. comprehensive health insurance plan, workers’ compensation coverage, and coverage limited to a specified disease or illness. In general, the government agency sponsoring the program Health insurance issuers or carriers will file Form 1095-B for will file Form 1095-B. The state agency that administers a all insured employer coverage. Plan sponsors are responsible for Medicaid or CHIP program will file Form 1095-B for coverage reporting self-insured employer coverage. Plan sponsors that are under those programs. However, Medicaid and CHIP agencies employers subject to the employer shared responsibility in U.S. possessions or territories (American Samoa, the provisions must generally report the coverage on Form 1095-C Commonwealth of the Northern Mariana Islands, Guam, Puerto and other plan sponsors (such as employers not subject to the Rico, and the U.S. Virgin Islands) aren’t required to report employer shared responsibility provisions and sponsors of Medicaid or CHIP coverage on Form 1095-B. multiemployer plans) report the coverage on Form 1095-B. When coverage under the Nonappropriated Fund Health Plan sponsors of self-insured employer coverage include: Benefits Program of the Department of Defense or TRICARE is • Each participating employer (for its own covered individuals) reported on Form 1095-B, Part I, line 8, filers should use code C in a plan or arrangement established or maintained by more (government-sponsored program). than one employer; Coverage designated as minimum essential coverage. The • The association, committee, joint board of trustees, or Department of Health and Human Services has designated the similar group of representatives who establish or maintain a following health benefit plans or arrangements as minimum multiemployer plan; essential coverage. • The employee organization for a plan or arrangement maintained solely by an employee organization; and 1. Medicare Part C (Medicare Advantage). • Each participating employer (for its own employees) for a 2. Refugee Medical Assistance. plan or arrangement maintained by a Multiple Employer Welfare Arrangement. 3. Coverage provided to a business owner under a plan that is eligible employer-sponsored coverage with respect to at A government employer may designate another government least one employee. entity to report coverage of its employees. Generally, a designated government entity will file Form 1095-B on behalf of a 4. Coverage under a group health plan provided through government employer that sponsors or maintains a self-insured insurance regulated by a foreign government if: group health plan for its employees only if that government a. A covered individual is physically absent from the employer isn't subject to the employer shared responsibility United States for at least 1 day during the month, or provisions, which would require reporting on Form 1095-C. The Instructions for Forms 1094-C and 1095-C contain further b. A covered individual is physically present in the United information on reporting options for government entities. States for a full month and the coverage provides health benefits within the United States while the individual is Government-Sponsored Programs outside the United States. The following government-sponsored programs are minimum 5. The Basic Health Program. essential coverage. 6. Coverage of pregnancy-related services that consists of full 1. Medicare Part A. Medicaid benefits. 2. Medicaid, except for the following programs. 7. Coverage under a section 1115 demonstration waiver a. Optional coverage of family planning services. program. b. Optional coverage of tuberculosis-related services. 8. Specific programs listed at CMS.gov/CCIIO/Programs-and- Initiatives/Health-Insurance-Market-Reforms/Minimum- c. Coverage of pregnancy-related services. Essential-Coverage.html (click on the link for “Approved d. Coverage of medical emergency services. Plans”). e. Coverage of medically needy individuals. Providers of these and later designated programs will file Form 1095-B. The sponsor for the Basic Health Program is the f. Coverage of COVID-19 testing and diagnostic services. state government agency administering the program. 3. The Children’s Health Insurance Program (CHIP). Coverage in More Than One Minimum Essential 4. The TRICARE program, except for the following options. Coverage Plan or Program a. Coverage on a space-available basis in a military If, for any month, an individual is covered by more than one treatment facility for individuals who aren't eligible for minimum essential coverage plan or program that is provided by TRICARE coverage for private sector care. the same provider, the provider is required to report only one of b. Coverage for a line-of-duty-related injury, illness, or the plans or programs for that month. For example, if an disease for individuals who have left active duty. individual is covered by a self-insured major medical plan and an -2- Instructions for Forms 1094-B and 1095-B (2023) |
Page 3 of 7 Fileid: … 094b&1095b/2023/a/xml/cycle04/source 14:08 - 27-Sep-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. HRA provided by the same employer for a month, the employer 30-day extension. See Form 8809 and its instructions for more is the provider of both types of coverage and is therefore information about extensions of time to file. required to report the coverage of the individual under only one How to apply. File Form 8809 as soon as you know that a of the arrangements for that month. 30-day extension of time to file is needed. Follow the instructions Generally, reporting is also not required for an individual’s on Form 8809, which provide information on where to fax or mail minimum essential coverage for a month if that minimum your Form 8809. You can also submit the extension request essential coverage is offered only to individuals who are also online through the FIRE System. You are encouraged to submit covered by other minimum essential coverage for which requests using the online fill-in form. See Pub. 1220 for more reporting is required. For example, an insurance company information on filing online or electronically. See the instructions offering a Medicare or TRICARE supplement for which only for Form 8809 for more information. individuals enrolled in Medicare or TRICARE are eligible is not required to report coverage under the Medicare or TRICARE Where To File supplement. Send all information returns filed on paper to the following. Under this rule, a state Medicaid agency is not required to report Medicaid coverage for which only individuals enrolled in If your principal business, other minimum essential coverage, such as employer-sponsored office or agency, or legal Use the following address: coverage or a qualified health plan, are eligible. residence in the case of an individual, is located in: This second rule applies to eligible employer-sponsored ▼ ▼ coverage only if both types of coverage (the supplemental coverage and the eligible employer-sponsored coverage for Alabama, Arizona, Arkansas, which section 6055 reporting is required) are offered by the Connecticut, Delaware, Florida, same employer. For example, if an employer offers both an Georgia, Kentucky, Louisiana, insured group health plan and an HRA that an employee is Maine, Massachusetts, Department of the Treasury eligible for if the employee enrolls in the insured group health Mississippi, New Hampshire, Internal Revenue Service plan, and an employee enrolls in both, the employer is not New Jersey, New Mexico, New Center required to report the employee’s coverage under the HRA for York, North Carolina, Ohio, Austin, TX 73301 the months in which the employee is enrolled in both plans. If, Pennsylvania, Rhode Island, however, an individual is covered by an HRA sponsored by one Texas, Vermont, Virginia, employer, including an individual coverage HRA, and a non-HRA West Virginia group health plan sponsored by another employer (such as spousal coverage) or an individual is covered by an individual Alaska, California, Colorado, coverage HRA, each employer (or the health insurance issuer or District of Columbia, Hawaii, carrier, if the plan is insured) must report the coverage the Idaho, Illinois, Indiana, Iowa, Department of the Treasury employer (or issuer or carrier) provides. Kansas, Maryland, Michigan, Internal Revenue Service For more information on the reporting of supplemental Minnesota, Missouri, Montana, Center coverage, including the rule on when different entities are treated Nebraska, Nevada, North P.O. Box 219256 as a single employer for purposes of the second rule, see Dakota, Oklahoma, Oregon, Kansas City, MO 64121-9256 Proposed Regulations section 1.6055-1(d)(2) and (3). South Carolina, South Dakota, Tennessee, Utah, Washington, When To File Wisconsin, Wyoming Generally, the return and transmittal form must be filed with the IRS on or before February 28 if filing on paper (March 31 if filing electronically) of the year following the calendar year of If your legal residence or principal place of business or coverage. principal office or agency is outside the United States, file with the Department of the Treasury, Internal Revenue Service You will meet the requirement to file if the form is properly Center, Austin, TX 73301. addressed and mailed on or before the due date. If the regular due date falls on a Saturday, Sunday, or legal holiday, file by the How To File next business day. A business day is any day that isn't a Saturday, Sunday, or legal holiday. Filing Paper Returns With the IRS For forms filed in 2024 reporting coverage provided in Shipping and mailing. If you're filing on paper, send the forms calendar year 2023, Forms 1094-B and 1095-B are required to to the IRS in a flat mailing (not folded) and don’t staple or be filed by February 28, 2024, or April 1, 2024, if filing paperclip the forms together. If you're sending many forms, you electronically. may send them in conveniently sized packages. On each See Statements Furnished to Individuals, later, for information package, write your name, and number the packages on when Form 1095-B must be furnished. consecutively. Place Form 1094-B in package number one and a copy of Form 1094-B in each additional package. Postal Extension of Time To File regulations require forms and packages to be sent by first-class mail. Returns filed with the IRS must be printed in landscape You can get an automatic 30-day extension of time to file by format. completing Form 8809 and filing it with the IRS on or before the due date for the Forms 1094-B and 1095-B. Form 8809 may be Keeping copies. Generally, keep copies of information returns submitted on paper or through the FIRE System either as a fill-in you filed with the IRS or maintain the ability to reconstruct the form or an electronic file. No signature or explanation is required data for at least 3 years, from the due date of the returns. for the extension. However, you must file Form 8809 by the due date of the returns in order to get the 30-day extension. Under certain hardship conditions, you may apply for an additional Instructions for Forms 1094-B and 1095-B (2023) -3- |
Page 4 of 7 Fileid: … 094b&1095b/2023/a/xml/cycle04/source 14:08 - 27-Sep-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Electronic Filing be filed as soon as possible after an error is discovered. File corrected returns as follows. If you're required to file 10 or more • Form 1095-B: Fully complete Form 1095-B and enter an “X” information returns, you must file in the CORRECTED checkbox. File a Form 1094-B electronically. The 10-or-more requirement Transmittal with the corrected Forms 1095-B. (Do not file a applies in the aggregate to certain information returns that are corrected Form 1094-B.) original or corrected returns. Accordingly, a filer may be required • Recipient's statement: A copy of the corrected Form 1095-B to file fewer than 10 Forms 1094-B and 1095-B, but still have an must be furnished to the individual who received the original electronic filing obligation based on other kinds of information Form 1095-B. returns filed. The electronic filing requirement does not apply if you request and receive a hardship waiver. The IRS encourages Note. Enter an “X” in the CORRECTED checkbox only when you to file electronically even if you’re filing fewer than 10 returns. correcting a Form 1095-B previously filed with the IRS. If you are correcting a Form 1095-B that was previously furnished to a Waiver. To receive a waiver from the required filing of recipient, but not filed with the IRS, write, print, or type information returns electronically, submit Form 8508. You are “CORRECTED” on the new Form 1095-B furnished to the encouraged to file Form 8508 at least 45 days before the due recipient. date of the return but no later than the due date of the return. The IRS doesn’t process waiver requests until January 1 of the See the next chart for examples of errors and calendar year the returns are due. You can't apply for a waiver for TIP step-by-step instructions for filing corrected returns. more than 1 tax year at a time. If you need a waiver for more than 1 tax year, you must reapply at the appropriate time each year. An approved waiver for original returns will cover corrections only Original Form 1095-B Filed With the IRS and Furnished to the for the same type of return. If you receive an approved waiver, Recipient don't send a copy of it to the Service Center where you file your IF any of the following are THEN ... paper returns. Keep the waiver for your records only. incorrect ... If you are required to file electronically but fail to do so, and Name of responsible individual 1. Fully complete a new Form you don't have an approved waiver, you may be subject to a (Part I) 1095-B and enter an “X” in the penalty of up to $310 per return unless you establish reasonable CORRECTED checkbox. cause. However, you can file up to 10 returns on paper; those 2. File a Form 1094-B Transmittal returns will not be subject to a penalty for failure to file with the corrected Form 1095-B. electronically. The penalty applies separately to original returns Origin of the Health Coverage 3. Furnish a copy of the corrected and corrected returns. (Part I) Form 1095-B to the person Pub. 5165, Guide for Electronically Filing Affordable Care Act identified as the responsible (ACA) Information Returns for Software Developers and individual. Transmitters, specifies the communication procedures, transmission formats, business rules, and validation procedures, Social security number (SSN) or and explains when a return will be accepted, accepted with taxpayer identification number errors, or rejected for returns filed electronically for calendar year (TIN) (Part I) 2023 through the ACA Information Return (AIR) system. To develop software for use with the AIR system, software Information About Certain developers, transmitters, and issuers, including employers filing Employer-Sponsored Coverage their own Forms 1094-B and 1095-B, should use the guidelines (Part II) provided in Pub. 5165, along with the Extensible Markup Issuer or Other Coverage Language (XML) Schemas published on IRS.gov. Provider (Part III) Reminder. The formatting directions in these instructions are for the preparation of paper returns. When filing forms electronically, Covered Individuals (Part IV) the formatting set forth in the XML Schemas and Business Rules published on IRS.gov must be followed rather than the formatting directions in these instructions. For more information regarding You must file a corrected return to report retroactive electronic filing, see Pubs. 5164 and 5165. ! changes in coverage. CAUTION Substitute Returns Filed With the IRS See Pub. 5223, General Rules and Specifications for Affordable Example 1. Tim enrolls in health insurance with Ace Care Act Substitute Forms 1095-A, 1094-B, 1095-B, 1094-C, Insurance Company in January 2023. Tim fails to pay the and 1095-C, for specifications for private printing of substitute premiums for November and December 2023 and January 2024. information returns. You may not request special consideration. Ace sends Tim a Form 1095-B on January 31, 2024, reporting Only forms that conform to the official form and the specifications coverage for every month in 2023. On February 1, 2024, Ace in Pub. 5223 are acceptable for filing with the IRS. Substitute cancels Tim’s coverage effective November 1, 2023. Ace must returns filed with the IRS must be printed in landscape format. send Tim a corrected Form 1095-B reporting that Tim was covered only for January through October 2023. If Ace filed the Void Box Form 1095-B with the IRS, it must file a corrected Form 1095-B with the IRS reporting coverage only for January through Don't use this box on Form 1095-B. October 2023. Corrected Form 1095-B Example 2. Sharon is enrolled in Medicaid for January For information about filing corrections for electronically filed through September 2023. The Medicaid agency files a Form forms, see section 7.1 of Pub. 5165. A corrected return should 1095-B and furnishes a statement to Sharon reporting coverage for January through September 2023. In April 2024, Sharon is approved for Medicaid coverage beginning on November 1, 2023. The Medicaid agency must file a corrected Form 1095-B -4- Instructions for Forms 1094-B and 1095-B (2023) |
Page 5 of 7 Fileid: … 094b&1095b/2023/a/xml/cycle04/source 14:08 - 27-Sep-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. with the IRS and furnish Sharon a corrected statement reporting secondary page that includes a statement—in capital coverage for January through September and November through letters, “IMPORTANT HEALTH COVERAGE TAX December 2023. DOCUMENTS”; (2) explains how responsible individuals may request a copy of Form 1095-B, Health Coverage (or, Statements Furnished to Individuals for an applicable large employer member that sponsors a Filers of Form 1095-B must furnish a copy by March 1, 2024, to self-insured group health plan and makes a return in the person identified as the "responsible individual" on the form accordance with Regulations section 1.6055-1(f)(2)(i), for coverage in 2023. However, a provider of minimum essential explains how non-full-time employees and nonemployees coverage will be treated as timely furnishing Form 1095-B to who are enrolled in the plan may request a copy of Form individuals if the form is made available through the provider’s 1095-C, Employer-Provided Health Insurance Offer and website and certain conditions are met. See Alternative manner Coverage); and (3) includes the provider’s email address, of furnishing statements, later. mailing address, and telephone number. The “responsible individual” is the person who, based on a • The provider must post the notice on its website by March 1, relationship to the covered individuals, the primary name on the 2024, and retain the notice in the same location on its coverage, or some other circumstances, should receive the website through October 15, 2024. statement. Generally, the statement recipient should be the • The provider must furnish the statement to a requesting primary taxpayer, if that person is known. A statement recipient responsible individual within 30 days of the date the request may be a parent if only minor children are covered individuals, a is received. To satisfy this requirement, the provider may primary subscriber for insured coverage, an employee or former furnish the statement electronically if the recipient employee in the case of employer-sponsored coverage, a affirmatively consents. uniformed services sponsor for TRICARE, or another individual who should receive the statement. Filers may, but aren't required Consent to furnish statement electronically. Except as to, furnish a statement to more than one recipient. provided below, a filer is required to obtain affirmative consent to furnish a statement electronically. The requirement to obtain Copies of Form 1095-B furnished to recipients may include a affirmative consent to furnish a statement electronically ensures truncated SSN or other TIN, if applicable, of the statement that statements are sent electronically only to individuals who recipient and covered individuals by showing only the last four are able to access them. The consent must relate specifically to digits of the SSN or other TIN and replacing the first five digits receiving Form 1095-B electronically. A recipient may consent on with asterisks (*) or Xs. Copies of Form 1095-B furnished to paper or electronically, such as by email. If consent is on paper, recipients may also truncate the employer identification number the recipient must confirm the consent electronically. A (EIN) of an employer reported in Part II, if any. The filer’s EIN may statement may be furnished electronically by email or by not be truncated on the statement furnished to recipients. informing the recipient how to access the statement on the filer’s Truncation of TINs, including EINs, is not allowed on returns filed website. Statements reporting coverage under an expatriate with the IRS. health plan, however, may be furnished electronically unless the In general, statements must be furnished on paper by mail (or recipient has explicitly refused to consent to receive the hand delivered), unless the recipient affirmatively consents to statement in an electronic format. receive the statement in an electronic format. If mailed, the Extension of time to furnish statement to recipients. The statement must be sent to the recipient’s last known permanent due date for furnishing Form 1095-B is automatically extended address, or, if no permanent address is known, to the recipient’s from January 31, 2024, to March 1, 2024. Thus, no additional temporary address. extensions will be granted. Alternative manner of furnishing statements. A provider of minimum essential coverage will be treated as timely furnishing Substitute Statements to Recipients Form 1095-B to individuals if the provider uses the alternative If you aren't using the official IRS form to furnish statements to manner of furnishing statements described in Regulations recipients, see Pub. 5223, which explains the requirements for section 1.6055-1(g). If the provider is an applicable large format and content of substitute statements to recipients. You employer (as defined under Regulations section 54.4980H-1(a) may develop them yourself or buy them from a private printer. (4)) that offers employer-sponsored self-insured health coverage, the employer may use the alternative manner of Information Reporting Penalties furnishing for statements to non-full-time employees and A provider of minimum essential coverage that fails to comply nonemployees who are enrolled in the self-insured health with the information reporting requirements may be subject to coverage. See Who Must File, earlier. To use the alternative the general information reporting penalty provisions for failure to manner of furnishing statements, the following conditions must file correct information returns and failure to furnish correct be met. payee statements. For returns required to be made and • The provider must provide clear and conspicuous notice, in statements required to be furnished for 2023 tax year returns, the a location on its website that is reasonably accessible to all following apply. responsible individuals, stating that responsible individuals • The penalty for failure to file a correct information return is may receive a copy of their statement upon request. The $310 for each return for which the failure occurs, with the notice must include an email address, a physical address to total penalty for a calendar year not to exceed $3,783,000. which a request for a statement may be sent, and a • The penalty for failure to provide a correct payee statement telephone number that responsible individuals may use to is $310 for each statement for which the failure occurs, with contact the provider with any questions. A notice posted on the total penalty for a calendar year not to exceed a provider’s website must be written in plain, non-technical $3,783,000. terms and with letters of a font size large enough, including • Special rules apply that increase the per-return and any visual clues or graphical figures, to call to a viewer’s per-statement and total penalties with no maximum attention that the information pertains to tax statements limitations if there is intentional disregard of the requirement reporting that individuals had health coverage. For example, to file the returns and furnish recipient statements. a provider’s website provides a clear and conspicuous notice if it (1) includes a statement on the main page—or a link on the main page, reading “Tax Information,” to a Instructions for Forms 1094-B and 1095-B (2023) -5- |
Page 6 of 7 Fileid: … 094b&1095b/2023/a/xml/cycle04/source 14:08 - 27-Sep-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Waiver of Penalties Part II—Information About Certain Employer-Sponsored Coverage The penalties may be waived if the failure was due to reasonable cause and not willful neglect. See section 6724, Regulations This part is completed only by issuers or carriers of insured section 301.6724-1, and Regulations section 1.6055-1(h). For group health plans, including coverage purchased through the additional information, see Pub. 1586. SHOP. Insurance companies entering code A or B on line 8 will TIP complete Part II. Employers reporting self-insured group Specific Instructions for Form 1094-B health plan coverage on Form 1095-B, except for an Line 1. Enter the filer’s complete name. individual coverage HRA, enter code B on line 8, but don't complete Part II. If you entered code B for self-insured coverage, Line 2. Enter the filer’s nine-digit employer identification number skip Part II and go to Part III. (EIN). If you don't have an EIN, you may apply for one online at IRS.gov/EIN. You may also apply by faxing or mailing Form SS-4, Lines 10–15. Enter the name, EIN, and complete mailing Application for Employer Identification Number, to the IRS. See address for the employer sponsoring the coverage. If mail isn't the Instructions for Form SS-4 and Pub. 1635 for more delivered to the street address and the employer has a P.O. box, information. enter the box number instead of the street address. See Lines 3 and 4. Enter the name and telephone number, Statements Furnished to Individuals, earlier, for information on including area code, of the person to contact who is responsible truncating the employer's EIN. If the employer is a member of a for answering any questions from the IRS regarding the filing of controlled group, enter information for the specific controlled or information reported on Form 1094-B or 1095-B. group member that is the covered employee’s employer. If the coverage is provided through an association or a Multiple Lines 5–8. Enter the filer’s complete address where all Employer Welfare Arrangement, enter information for the correspondence will be sent. If mail is delivered to a P.O. box and participating employer of the covered employee. Don't complete not a street address, enter the box number instead of the street Part II if the coverage is provided through a multiemployer plan. address. Line 9. Enter the total number of Forms 1095-B that are Part III—Issuer or Other Coverage Provider transmitted with Form 1094-B. Lines 16–22. Enter your name, EIN, and complete mailing address. The provider of the coverage is the issuer or carrier of Specific Instructions for Form 1095-B insured coverage, sponsor of a self-insured employer plan, government agency providing government-sponsored coverage, Part I—Responsible Individual or other coverage sponsor. Enter on line 18 the telephone number that an individual seeking additional information may call Line 1. Enter the name of the responsible individual (statement to speak to a person. recipient). See the description of who is a “responsible individual” under Statements Furnished to Individuals, earlier. Part IV—Covered Individuals Line 2. Enter the nine-digit social security number (SSN) of the Column (a). Enter the name of each covered individual. responsible individual (111-11-1111). If the responsible individual doesn't have an SSN, enter the responsible Column (b). Enter the nine-digit SSN or other TIN for each individual’s other TIN. No SSN or other TIN is required if the covered individual (111-11-1111). The field may be left blank if responsible individual isn't a covered individual identified in Part the covered individual doesn’t have a TIN. See Statements IV. See Statements Furnished to Individuals, earlier, for Furnished to Individuals, earlier, for information on truncating the information on truncating the SSN or other TIN. SSN or other TIN. Line 3. Enter the responsible individual’s date of birth Column (c). Enter a date of birth (YYYY/MM/DD) for the (YYYY/MM/DD) only if line 2 is blank. covered individual only if an SSN or other TIN isn't entered in column (b). Lines 4–7. Enter the complete mailing address of the responsible individual. If mail isn't delivered to the street address Column (d). Check this box if the individual was covered for at and the responsible individual has a P.O. box, enter the box least 1 day per month for all 12 months of the calendar year. number instead of the street address. Column (e). If the individual wasn't covered for all 12 months, Line 8. Enter the letter identifying the Origin of the Health check the applicable box(es) for the month(s) in which the Coverage. See Who Must File, earlier, to determine which types individual was covered for at least 1 day. of coverage fall under each category listed below. If there are more than six covered individuals, complete this A. Small Business Health Options Program (SHOP). information for the additional covered individuals on Part IV, B. Employer-sponsored coverage, except for an individual Continuation Sheet(s). Do not count the Continuation Sheet(s) coverage HRA. as additional Forms 1095-B in the count of forms submitted with C. Government-sponsored program. the accompanying Form 1094-B. D. Individual market insurance. E. Multiemployer plan. Privacy Act and Paperwork Reduction Act Notice. We ask F. Other designated minimum essential coverage. for the information on these forms to carry out the Internal G. Employer-sponsored coverage that is an individual coverage Revenue laws of the United States and the Patient Protection HRA. and Affordable Care Act. Our legal right to ask for the information on this form is Internal Revenue Code section 6055 and its Line 9. For 2023, leave this line blank. regulations. Providing false or fraudulent information may subject you to penalties. We may disclose this information to the Department of Justice for civil or criminal investigation, and to cities, states, and the District of Columbia for use in administering their tax laws. We may also disclose this -6- Instructions for Forms 1094-B and 1095-B (2023) |
Page 7 of 7 Fileid: … 094b&1095b/2023/a/xml/cycle04/source 14:08 - 27-Sep-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. information to other countries under a tax treaty, to federal and Form 1094-B . . . . . . . . . . . . . . . 10 min. state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat Form 1095-B . . . . . . . . . . . . . . . 1 min. terrorism. You aren't required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the If you have comments concerning the accuracy of these time form displays a valid OMB control number. Books or records estimates or suggestions for making this form simpler, we would relating to a form or its instructions must be retained as long as be happy to hear from you. You can send us comments from their contents may become material in the administration of any IRS.gov/FormComments. Or you can write to the Internal Internal Revenue law. Generally, tax returns and return Revenue Service, Tax Forms and Publications Division, 1111 information are confidential, as required by section 6103. Constitution Ave. NW, IR-6526, Washington, DC 20224. Don't The time needed to complete the following forms will vary send the form to this office. depending on individual circumstances. The estimated average time is: Instructions for Forms 1094-B and 1095-B (2023) -7- |