SUPPORTING STATEMENT
REG-132455-11 – Information Reporting of Minimum Essential Coverage (Section 6055)
OMB No. 1545-New
CIRCUMSTANCES NECESSITATING COLLECTION OF INFORMATION
This document contains regulations providing guidance to providers of minimum essential health coverage that are subject to the information reporting requirements of section 6055 of the Internal Revenue Code (Code), enacted by the Patient Protection and Affordable Care Act (Affordable Care Act), Pub. L. 111-148. Health insurance issuers, certain employers, and others that provide minimum essential coverage to individuals must report to the IRS information about the type and period of coverage and furnish related statements to covered individuals.
Section 1502 of the Affordable Care Act enacted section 6055 regarding information reporting by any person that provides minimum essential coverage to an individual. Section 6055(b)(1)(B) requires providers of minimum essential coverage to report taxpayer information of the primary insured. Section 6055(b)(2) requires, for coverage through an employer’s group health plan, to report employer information for administering the credit under section 45R (the tax credit for employee health insurance expenses of small employers). Section 6055(c) directs a person filing an information return under section 6055 to provide a written statement to each individual listed on the return that shows contact information of the reporting entity and information reported to the IRS for that individual.
USE OF DATA
These regulations affect health insurance issuers, employers, governments, and other persons that provide minimum essential coverage to individuals. The information reported under section 6055 will allow taxpayers to establish and the IRS to verify that the taxpayers were covered by minimum essential coverage and their months of enrollment during a calendar year.
USE OF IMPROVED INFORMATION TECHNOLOGY TO REDUCE BURDEN
The regulations provide that electronic filing requirements apply to information returns under section 6055 and permit electronic delivery of statements to individuals if the recipient consents.
EFFORTS TO IDENTIFY DUPLICATION
We have attempted to eliminate duplication within the agency wherever possible.
METHODS TO MINIMIZE BURDEN ON SMALL BUSINESSES OR OTHER SMALL ENTITIES
Not applicable.
CONSEQUENCES OF LESS FREQUENT COLLECTION ON FEDERAL PROGRAMS OR POLICY ACTIVITIES
Not applicable.
SPECIAL CIRCUMSTANCES REQUIRING DATA COLLECTION TO BE INCONSISTENT WITH GUIDELINES IN 5 CFR 1320.5(d)(2)
Not applicable.
CONSULTATION WITH INDIVIDUALS OUTSIDE OF THE AGENCY ON AVAILABILITY OF DATA, FREQUENCY OF COLLECTION, CLARITY OF INSTRUCTIONS AND FORMS, AND DATA ELEMENTS
The notice of proposed rulemaking will be published in the Federal Register on September 9, 2013, at 78 FR 54986, and provided a 90-day period in which to review and provide public comments relating to any aspect of the proposed regulation and a public hearing will be held on November 19, 2013. Notice 2012–32 (2012–20 IRB 910) and Notice 2013–45 (2013–31 IRB 116) also provided guidance on section 6055 requirements and an opportunity for public comments. Comments received will be considered in the development of final regulations
EXPLANATION OF DECISION TO PROVIDE ANY PAYMENT OR GIFT TO RESPONDENTS
Not applicable.
ASSURANCE OF CONFIDENTIALITY OF RESPONSES
Generally, tax returns and tax return information are confidential as required by 26 U.S.C. 6103.
11. JUSTIFICATION OF SENSITIVE QUESTIONS
Not applicable.
12. ESTIMATED BURDEN OF INFORMATION COLLECTION
The collection of information in these regulations are in §§ 1.6055–1 and 1.6055–2 and will be used to determine whether an individual has minimum essential coverage under section 1501(b) of the Patient Protection and Affordable Care Act (26 U.S.C. 5000A(f)). The collection of information is required to comply with the provisions of section 6055 of the Code. The likely respondents are health insurers, self-insured employers or other sponsors of self-insured health plans, and governments that provide minimum essential coverage.
The burden for the collection of information contained in these regulations will be reflected in the burden associated Form 1095–B or another form that the IRS designates. Form 1095-B will be made available in draft form at a later date. We are requesting a 1 hour placeholder pending availability of draft form.
Estimates of the annualized cost to respondents for the hour burdens associated with the information collection are not available at this time.
13. ESTIMATED TOTAL ANNUAL COST BURDEN TO RESPONDENTS
As suggested by OMB, REG-132455-11 (78 FR 54986) dated September 9, 2013, requested public comments on estimates of cost burden that are not captured in the estimates of burden hours, i.e., estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. However, we did not receive any responses from taxpayers on this subject. As a result, estimates of these cost burdens are not available at this time.
14. ESTIMATED ANNUALIZED COST TO THE FEDERAL GOVERNMENT
Not applicable.
15. REASONS FOR CHANGE IN BURDEN
This is a new collection.
16. PLANS FOR TABULATION, STATISTICAL ANALYSIS AND PUBLICATION
Not applicable.
17. REASONS WHY DISPLAYING THE OMB EXPIRATION DATE IS INAPPROPRIATE
We believe that displaying the OMB expiration date is inappropriate because it could cause confusion by leading taxpayers to believe that the regulation sunsets as of the expiration date. Taxpayers are not likely to be aware that the Service intends to request renewal of OMB approval and obtain a new expiration date before the old one expires.
18. EXCEPTIONS TO THE CERTIFICATION STATEMENT
Not applicable.
Note: The following paragraph applies to all of the collections of information in this submission:
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.
| File Type | application/msword |
| Author | Wolfgang, Dawn |
| Last Modified By | Wolfgang, Dawn |
| File Modified | 2014-02-27 |
| File Created | 2014-02-27 |