This document contains regulations
providing guidance to employers that are subject to the information
reporting requirements under section 6056 of the Internal Revenue
Code, enacted by the Patient Protection and Affordable Care Act
(P.L. 111-148 (124 Stat.119 (2010)). Section 6056 requires those
employers to report to the IRS information about their compliance
with the employer shared responsibility provisions of section 4980H
of the Code and about the health care coverage, if any, they have
offered employees. Section 6056 also requires those employers to
furnish related statements to employees in order that employees may
use the statements to help determine whether, for each month of the
calendar year, they can claim on their tax returns a premium tax
credit under section 36B of the Code (premium tax credit).
The information
collection included in OMB Control Number 1545-2251 is related to
reporting employer sponsored health coverage by certain employers
and health care coverage information by insurance issuers and other
coverage providers, as required by section 6056 of the Internal
Revenue Code. OMB Control Number 1545-2251, Forms 1094-C and
1095-C, was approved for a one year period and extended for two
additional six month periods, which will expire on February 28,
2017. For the reasons stated below, we are requesting a six month
emergency extension of the approval for OMB Control Number
1545-2251. Guidance issued in 2013 (Notice 2013-45), provided that
reporting was voluntary for both employers and issuers for 2014.
Very few employers participated in the voluntary filing year. In
large part, participation was limited because the IRS had to make
extensive systems changes and revise many technical publications
that employers needed to have before they could develop, test, and
submit the required information returns. In addition, system
testing for the voluntary year did not begin until fall of 2014,
leaving very little time for employers to pass testing and submit
returns for the voluntary year. Consequently, minimal information
was collected for 2014. Although filing was required for 2015, the
due dates for 2015 were extended for all filers by Notice 2016-4
(May 31 for paper filers and June 30 for electronic filers) and we
continued to receive returns after the due dates. While we have
preliminary figures for the filings, we are still processing the
data received so the preliminary figures include duplicate filings
and corrected return filings. Therefore, the data is not yet ready
to be able to update the number of estimated filers of Forms 1094-C
and 1095-C at this time. The current versions of Forms 1094-C and
1095-C are being used for 2016 by the applicable taxpayers for both
the initial filing and for any corrections that need to be made,
which may be filed after the due date. In Notice 2016-70, the
furnishing deadline for Form 1095 C was extended to March 2, 2017,
while the filing deadlines remain February 28, 2017 for paper
filers and March 31, 2017 for electronic filers. The clearance for
OMB Control # 1545-2251 (which includes Forms 1094-C and 1095-C) is
set to expire on February 28, 2017. Withdrawing OMB clearance for
this collection would cause a major disruption to the collection of
information required under section 6056 of the Internal Revenue
Code, and potentially increase the burden on taxpayers and
respondents. In addition, applicable taxpayers may view withdrawal
of the OMB clearance as a signal that corrected returns are not
required for 2016. Accordingly, we respectfully request a six month
emergency extension of the OMB Control # 1545-2251 clearance.
US Code:
26
USC 6056 Name of Law: Information and Returns, Information
Regading Health Insurance Coverage
US Code: 26
USC 4980H Name of Law: Tax on reversion of qualified plan
assets to employer
US Code: 26 USC 6056 Name of Law: Information
and Returns, Information Regading Health Insurance
Coverage
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Form 4423 Form 4423
1545-2251_Supporting_Statement.doc
Form 4423