[Federal Register Volume 78, Number 174 (Monday, September 9, 2013)]
[Proposed Rules]
[Pages 54986-54996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21783]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1 and 301
[REG-132455-11]
RIN 1545-BL31
Information Reporting of Minimum Essential Coverage
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of proposed rulemaking and notice of public hearing.
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SUMMARY: This document contains proposed 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 Affordable Care Act. 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. These proposed regulations affect health insurance
issuers, employers, governments, and other persons that provide minimum
essential coverage to individuals.
DATES: Written or electronic comments must be received by November 8,
2013. Requests to speak and outlines of topics to be discussed at the
public hearing scheduled for November 19, 2013, at 10 a.m., must be
received by November 8, 2013.
ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-132455-11), Room
5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions may be hand-delivered Monday through
Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG-
132455-11), Courier's Desk, Internal Revenue Service, 1111 Constitution
Avenue NW., Washington, DC, or sent electronically via the Federal
eRulemaking Portal at http://www.regulations.gov (IRS REG-132455-11).
FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations,
Andrew Braden, (202) 622-4960; concerning the submission of comments
and/or to be placed on the building access list to attend the public
hearing, Oluwafunmilayo (Funmi) Taylor, (202) 622-7180 (not toll-free
calls).
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
The collection of information contained in this notice of proposed
rulemaking has been submitted to the Office of Management and Budget in
accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)). Comments on the collection of information should be sent to
the Office of Management and Budget, Attn: Desk Officer for the
Department of the Treasury, Office of Information and Regulatory
Affairs, Washington, DC 20503, with copies to the Internal Revenue
Service, Attn: IRS Reports Clearance Officer, SE:W:CAR:MP:T:T:SP,
Washington, DC 20224. Comments on the collection of information should
be received by
[[Page 54987]]
November 8, 2013. Comments are specifically requested concerning:
Whether the proposed collection of information is necessary for the
proper performance of the functions of the IRS, including whether the
information will have practical utility;
How the quality, utility, and clarity of the information to be
collected may be enhanced;
How the burden of complying with the proposed collection of
information may be minimized, including through the application of
automated collection techniques or other forms of information
technology; and
Estimates of capital or start-up costs and costs of operation,
maintenance, and purchase of services to provide information.
The collection of information in these proposed regulations is in
Sec. Sec. 1.6055-1 and 1.6055-2. The collection of information 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
proposed regulations will be reflected in the burden on Form 1095-B or
another form that the IRS designates, which will request the
information in the proposed regulation.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a valid
control number assigned by the Office of Management and Budget.
Background
Beginning in 2014, under the Patient Protection and Affordable Care
Act, Public Law 111-148 (124 Stat. 119 (2010)), and the Health Care and
Education Reconciliation Act of 2010, Public Law 111-152 (124 Stat.
1029 (2010)) (collectively, the Affordable Care Act), nonexempt
individuals have the choice of maintaining minimum essential coverage
(as defined in section 5000A(f)) or paying an individual shared
responsibility payment with their income tax returns. Minimum essential
coverage may be health insurance coverage offered in the individual
market (such as a qualified health plan offered through an Affordable
Insurance Exchange (Exchange, also known as a Marketplace)), an
employer-sponsored plan, or a government-sponsored program. Section
5000A(f)(1)(A) specifies that Medicare Part A, Medicaid, the Children's
Health Insurance Program established under title XXI of the Social
Security Act (42 U.S.C. 1397aa et seq.) (CHIP), TRICARE, certain health
care programs for veterans and other individuals under chapter 17 or 18
of Title 38 U.S.C., coverage for Peace Corps volunteers under 22 USC
2504(e), and coverage under the Nonappropriated Fund Health Benefits
Program under section 349 of Public Law 103-337, are government-
sponsored programs that qualify as minimum essential coverage.
Section 1401 of the Affordable Care Act enacted section 36B,
allowing certain taxpayers a refundable premium tax credit that will
make minimum essential coverage in qualified health plans offered in
the individual market through an Exchange more affordable.
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 (1) the name,
address, and taxpayer identification number (TIN) of the primary
insured, (2) the name, dates of coverage, and TIN of each individual
covered under a policy, (3) whether health insurance coverage is a
qualified health plan offered through an Exchange, (4) for a qualified
health plan, the amount of any advance payments of the premium tax
credit under section 1412 of the Affordable Care Act and cost-sharing
reductions under section 1402 of the Affordable Care Act, and (5) other
information the Secretary requires.
Section 6055(b)(2) requires, for coverage through an employer's
group health plan, reporting (1) the name, address, and employer
identification number (EIN) of the employer maintaining the plan, (2)
the portion of the premium (if any) paid by the employer, and (3) any
other information that the Secretary requires 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 the name, address, and contact phone number of
the reporting entity and information reported to the IRS for that
individual. The statement must be furnished to the individual by
January 31 of the year following the coverage year.
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.
Under section 6724(d), as amended by the Affordable Care Act, a
reporting entity that fails to comply with the filing and statement
furnishing requirements of section 6055 may be subject to penalties for
failure to file a correct information return (section 6721) and failure
to furnish correct payee statements (section 6722). However, these
penalties may be waived if the failure was due to reasonable cause and
not to willful neglect (section 6724(a)).
Section 1514 of the Affordable Care Act enacted section 6056, which
requires applicable large employers (generally employers with 50 or
more full-time employees) to report to the IRS information about the
coverage that they offer to their full-time employees and requires them
to furnish related statements to employees.
Notice 2012-32 (2012-20 IRB 910) requested public comments on
issues to be addressed in regulations under section 6055. In addition,
Notice 2012-33 (2012-20 IRB 912) requested public comments on issues to
be addressed in regulations under section 6056. As described later in
this preamble, the written comments in response to Notice 2012-32 and
other written comments have been considered in connection with the
development of these proposed regulations.
As discussed in Notice 2013-45 (2013-31 IRB 116), Treasury and the
IRS have engaged in dialogue with stakeholders in an effort to simplify
section 6055 (and section 6056) reporting consistent with effective
implementation of the law. This process has included discussions with
stakeholders representing a wide range of interests to assist in the
consideration of effective information reporting rules that will be as
streamlined, simple, and workable as possible. The effort to develop
these proposed information reporting rules has reflected a considered
balancing of the importance of (1) providing individuals the
information to complete their tax returns accurately, including with
respect to the individual responsibility provisions and eligibility for
the premium tax credit, (2) minimizing cost and administrative tasks
for the reporting entities and individuals, and (3) providing the IRS
with information needed for effective and efficient tax administration.
As noted elsewhere in
[[Page 54988]]
this preamble, the proposed regulations will be the subject of public
comments, including comments that are specifically invited regarding
particular issues identified in the preamble.
Notice 2013-45 provides as transition relief that section 6055
information reporting will be optional for 2014. The IRS will not
impose penalties for failure to timely and accurately report under
section 6055 for coverage in 2014. As stated in Notice 2013-45, the IRS
encourages voluntary section 6055 reporting for coverage in 2014.
Explanation of Provisions and Summary of Comments
1. Persons Subject to Information Reporting Requirement
a. Plans in the individual market
Under section 36B(f)(3) and Sec. 1.36B-5, an Exchange must report
information relating to enrollment in qualified health plans in the
individual market to the IRS and taxpayers. This information includes
the period coverage was in effect, the names and TINs of each
individual covered, the amount of advance credit payments relating to
the coverage, and the amount of premiums for the coverage. This
reporting facilitates compliance with and administration of the premium
tax credit under section 36B. A commenter suggested that issuers of
qualified health plans should not be required to report under section
6055 regarding minimum essential coverage that they provide in the
individual market through the Exchange because the Exchange reporting
provides the IRS and taxpayers with the necessary information about
this coverage.
In response to this comment and to reduce the burden associated
with reporting under section 6055, the proposed regulations provide
that issuers are not required to submit section 6055 information
returns for coverage under a qualified health plan in the individual
market enrolled in through an Exchange. For individuals enrolled in
this coverage, the IRS and individuals will receive information
necessary to administer or comply with the individual shared
responsibility provision through information reporting by Exchanges
under section 36B(f)(3). Issuers must report, however, on qualified
health plans in the small group market enrolled in through the Small
Business Health Options Program (SHOP), because annual information
reporting by Exchanges under section 36B(f)(3) does not include these
plans.
b. Employer-sponsored Insured Group Health Plans
Commenters recommended that the proposed regulations require
employers rather than health insurance issuers to report under section
6055 for insured coverage under an employer-sponsored group health
plan. The commenters suggested that employers have more direct access
to information required to be reported for an employee enrolled in a
group health plan.
Because section 6055(a) requires reporting by the entities
providing the coverage, which for insured coverage is the issuer, the
proposed regulations provide that health insurance issuers are
responsible for reporting under section 6055 for all insured coverage,
except coverage under certain government-sponsored programs (such as
Medicaid and Medicare) that provide coverage through a health insurance
issuer and coverage under qualified health plans in the individual
market enrolled in through an Exchange.
Reporting entities are permitted to use third parties to facilitate
filing returns and furnishing statements to comply with reporting
requirements, including those under section 6055. These arrangements do
not, however, transfer the potential liability for failure of the
reporting entity to report and furnish under the regulations.
A party preparing returns or statements required under section 6055
that is a tax return preparer will be subject to the requirements that
generally apply to return preparers.
c. Self-insured Group Health Plans
The proposed regulations provide that sponsors of self-insured
health coverage are responsible for reporting under section 6055. The
proposed regulations identify the employer as the plan sponsor and
reporting entity for a self-insured group health plan established or
maintained by a single employer. This rule is consistent with section
3(16)(B)(i) of the Employee Retirement Income Security Act of 1974
(ERISA), which states that the term ``plan sponsor'' means the employer
in the case of an employee benefit plan established or maintained by a
single employer.
Commenters noted that individuals may be covered under a self-
insured arrangement that is a multiemployer plan and offered
suggestions for identifying the entity responsible for reporting. Some
commenters stated that employers that participate in a multiemployer
plan do not have access to the information required to be reported
under section 6055 and that the multiemployer plan or its
administrator, for example, the joint board of trustees, should report
for the participating employers. Another commenter suggested that labor
unions report for multiemployer plans. Other commenters asserted that a
plan's administrator or trustees generally are in the best position to
report minimum essential coverage funded under a collective bargaining
agreement unless the plan is funded by a single employer. A commenter
asserted that each participating employer should be responsible for
reporting under section 6055 for a multiple employer welfare
arrangement (MEWA) under section 3(40) of ERISA (29 U.S.C. 1002(40)).
In response to these comments, the proposed regulations identify
the sponsor and reporting entity for various types of self-insured
arrangements (for example, the joint board of trustees for a
multiemployer plan). For these purposes, the section 414 employer
aggregation rules do not apply. Accordingly, a self-insured group
health plan or arrangement covering employees of related corporations
is treated as sponsored by more than one employer and each employer
must report for its employees. However, one member of the group may
assist the other members by filing returns and furnishing statements on
behalf of all members.
Section 6055(d) provides that an appropriately designated person
may report under section 6055 on behalf of a government employer.
Accordingly, the proposed regulations allow a government employer
providing self-insured coverage for its employees to report under
section 6055 on its own behalf or to designate as the reporting entity
another governmental unit or agency or instrumentality of a
governmental unit that is part of or related to the same governmental
unit as the government employer. If the designation is made before the
filing deadline and the designee accepts it, the designated
governmental unit, agency, or instrumentality is the sponsor
responsible for section 6055 reporting. Comments are requested on
issues specific to government employer plans and arrangements.
As noted, section 6056 requires applicable large employers to
report information about the coverage that they offer to their full-
time employees and to furnish related statements to employees.
Commenters suggested that applicable large employers with self-insured
health plans that must report under both sections 6055 and 6056 should
be allowed to combine that reporting.
The general rules described in the proposed regulations assume
separate
[[Page 54989]]
reporting, but include other rules that reduce duplicative reporting
and otherwise simplify reporting. For example, the proposed regulations
allow the use of substitute forms and statements to individuals, which
may permit self-insured health plans to furnish a single substitute
statement to covered individuals for both sections 6055 and 6056.
In addition, the preamble to proposed regulations under section
6056 advises that the IRS and the Treasury Department are considering
permitting applicable large employers with self-insured plans that
provide mandatory, minimum value coverage to employees, and offer that
coverage to spouses and dependents, all with no employee contribution,
to forgo providing section 6056 statements to those covered employees.
Because the section 6055 return would provide the individual taxpayers
information to accurately file the taxpayers' income tax returns, and
would provide the IRS the information concerning those employees to
administer the premium tax credit and employer shared responsibility
provisions, Treasury and the IRS are considering whether for those
employees the employer could file and furnish only the return required
under section 6055 and include a code on the employees' Forms W-2.
Comments are requested on other ways to simplify and combine
reporting.
d. Foreign Employers That Provide Minimum Essential Coverage
Section 6055(b)(2)(A) requires that reporting for coverage under a
group health plan include the employer's EIN. A commenter noted that a
foreign employer may provide minimum essential coverage but may not
have an EIN. Comments are requested on rules for reporting by foreign
employers without EINs that sponsor self-insured plans and on any other
issues specific to reporting coverage provided by foreign employers.
e. Government-Sponsored Programs
The proposed regulations provide that the executive department or
agency of a governmental unit that provides coverage under a
government-sponsored program (within the meaning of section
5000A(f)(1)(A)) is responsible for reporting under section 6055. For
example, the Department of Defense is responsible for reporting
coverage under the TRICARE program. The proposed regulations identify
the State agency that administers the Medicaid or CHIP program, rather
than the Department of Health and Human Services, as the reporting
entity for these programs. Additionally, under the proposed
regulations, the responsible government department or agency, and not
the issuer, is the reporting entity for coverage under a government-
sponsored program provided through a health insurance issuer (such as
some Medicaid, CHIP, and Medicare programs). Comments are requested on
issues specific to reporting coverage under government-sponsored
programs.
f. Other Arrangements Designated as Minimum Essential Coverage
Section 5000A(f)(1)(E) provides that the Secretary of Health and
Human Services (HHS), in coordination with the Secretary of the
Treasury, may recognize other health benefits coverage as minimum
essential coverage. On July 1, 2013, HHS published final regulations
designating certain coverage as minimum essential coverage and
outlining substantive and procedural requirements that other types of
coverage must fulfill to be recognized as minimum essential coverage.
Patient Protection and Affordable Care Act: Exchange Functions:
Eligibility for Exemptions; Miscellaneous Minimum Essential Coverage
Provisions, 78 FR 39494 (HHS MEC regulations). These regulations
designate as minimum essential coverage (1) self-funded student health
coverage for plan or policy years beginning on or before December 31,
2014, (2) Refugee Medical Assistance supported by the Administration
for Children and Families, (3) Medicare Advantage plans, and (4) State
high risk pools for plan or policy years beginning on or before
December 31, 2014.
The proposed rule that designates the government department or
agency as the reporting entity for coverage under a government-
sponsored program provided through a health insurance issuer applies to
Medicare Advantage plans. Comments are requested on appropriate rules
for identifying the reporting entity for other arrangements recognized
as minimum essential coverage under section 5000A(f)(1)(E).
2. Information Required To Be Reported
a. In General
The proposed regulations provide that the section 6055 information
return must include the name of each individual enrolled in minimum
essential coverage and the name and address of the primary insured or
other related person (for example, a parent or spouse) who submits the
application for coverage (the responsible individual). The proposed
regulations use the term responsible individual rather than the term
primary insured because minimum essential coverage may not be insured
coverage (for example, health coverage provided by the Department of
Veterans Affairs). The return also must report the TIN and months of
coverage for each individual who is covered under the policy or program
and other information specified in forms, instructions, or published
guidance, see Sec. Sec. 601.601(d) and 601.602. For employer-provided
coverage, the proposed regulations require reporting the name, address,
and EIN of the employer maintaining the plan and whether coverage was
enrolled in through the SHOP.
As part of the effort to minimize the cost and administrative steps
associated with the reporting requirements, the proposed regulations do
not require reporting information that would not be needed by
individual taxpayers or the IRS for purposes of administering the
individual shared responsibility provisions or the credit for small
employers. Accordingly, the proposed regulations do not require
reporting the portion of the premium paid by an employer, which the IRS
does not need to determine if an individual is covered by minimum
essential coverage. The proposed regulations require reporting the
months of coverage rather than the specific dates of coverage, because
minimum essential coverage applies month by month. The proposed
regulations do not require reporting the amount of any cost-sharing
reductions, which are not administered by the IRS. Finally, the
proposed regulations do not require reporting the amount of advance
payments or on coverage in a qualified health plan in the individual
market enrolled in through an Exchange, since in both cases this
information is reported to the IRS and provided to individuals by the
Exchanges under section 36B(f)(3).
b. Identifying Information
Health insurance issuers and employers with self-funded plans
expressed concern that they do not typically collect TINs from
dependents covered under their policies and that they may have
difficulty obtaining TINs for some covered individuals. Other
commenters suggested allowing alternative means of identifying
individuals, such as unique enrollee identification numbers similar to
the method used by the Massachusetts Health Connector (the State-based
exchange), or allowing reporting without TINs for individuals who
enroll in coverage but decline to provide a TIN. Some commenters
suggested simplifying reporting requirements for dependents or
providing alternatives in
[[Page 54990]]
reporting TINs for new beneficiaries and others who may not provide
TINs at the time of enrollment.
The proposed regulations adopt TIN reporting, consistent with the
statute. Section 6055 reporting allows individuals to confirm their
coverage and the IRS to verify that coverage without the need to
contact the individuals. The use of TINs to cross-check individuals
against coverage months is the most efficient way for individuals and
the IRS to avoid the need for follow-up. Accordingly, covered
individuals have an interest in providing TINs to reporting entities.
Federal tax records for individuals for all purposes are maintained
by TIN and individual taxpayers identify themselves on their returns by
TIN. Establishing another method of identifying individuals for
sections 5000A and 6055 purposes would require the IRS to create, and
taxpayers to adapt to, an entire parallel identification system solely
for this purpose.
While section 6055 and the proposed regulations require TINs for
administering section 5000A, reporting entities that make reasonable
efforts to collect TINs but do not receive them will not be subject to
penalties under sections 6721 and 6722 for failure to timely and
accurately report. In particular, section 6055 reporting is governed by
the same procedures, limitations, and protections as other information
reporting that requires obtaining and reporting TINs. Section 6724 and
the regulations under that section waive penalties on reporting
entities for a reasonable failure to include correct TIN information on
a return or statement, including those required under section 6055.
Penalties are waived if the reporting entity demonstrates that it acted
in a responsible manner both before and after the failure occurred, and
that the failure was due to significant mitigating factors or events
beyond the reporting entity's control. In general, a reporting entity
acts responsibly in attempting to solicit a TIN if after an initial,
unsuccessful request for a TIN (for example, at the time of
enrollment), the reporting entity makes two consecutive annual TIN
solicitations. No section 6724 penalty is imposed unless the reporting
entity fails to make the two additional solicitations. Accordingly,
section 6055 reporting entities will not be unduly penalized for
failing to report a TIN.
As a backstop to reporting a TIN, the proposed regulations allow
reporting entities to report date of birth if a TIN is not available.
This alternative should not be used, however, unless the reporting
entity has made reasonable efforts to obtain the information by
requesting that a covered individual provide the TIN.
A commenter requested that the proposed regulations provide rules
authorizing reporting entities to request TINs. This authority exists
under section 6109(a)(2) and Sec. 301.6109-1(b)(1) of the Procedure
and Administration Regulations, which require individuals to furnish
TINs to persons that must file information returns.
A commenter noted that issuers and employers may have difficulty
obtaining overseas addresses for individuals living abroad. The
proposed regulations provide that only the last known address for the
responsible individual must be reported.
c. Coverage Dates
For purposes of section 5000A, an individual who has coverage on
any day in a month is treated as having minimum essential coverage for
the entire month. See proposed Sec. 1.5000A-1(b) (78 FR 7314). As a
result, the specific coverage dates are not necessary for administering
and complying with rules relating to minimum essential coverage.
Accordingly, the proposed regulations do not require reporting of the
specific dates of coverage. Instead, the proposed regulations generally
require reporting of the months during which an individual is treated
as having minimum essential coverage.
A commenter noted that coverage dates may be inaccurate because
coverage may be terminated or reinstated after the reporting date for
periods occurring before the reporting date. Under section 6724 and the
regulations under that section, the IRS may waive penalties if there is
reasonable cause for the failure to correct an information return for
retroactive terminations or reinstatements that are determined after
the calendar year in which coverage was terminated or reinstated.
A commenter recommended permitting separate returns or creating
special forms to report coverage for individuals who change their
coverage during the year to a different health plan with the same
issuer. Although the proposed regulations do not adopt a rule
addressing this situation, additional procedures that are responsive to
this comment may be provided in IRS forms and instructions, see Sec.
601.602.
A commenter noted that employers face challenges in determining
coverage dates for employees and dependents, including seasonal and
temporary workers whose term of employment changes during the year. The
commenter recommended that the rules allow reporting an individual's
enrollment in minimum essential coverage as of a fixed date each year
to accommodate an employer's administrative, payroll, and recordkeeping
procedures. The individual responsibility payment under section 5000A
applies to individuals on a monthly basis, so reporting based on one
day during the year would not be sufficient. Additionally, varying
reporting dates would be difficult to administer and would produce
information less useful to taxpayers, who generally file their tax
returns and must determine their coverage based on a calendar year.
Accordingly, the proposed regulations do not adopt this suggestion.
Comments are welcome on potential alternative ways to address the
challenges associated with determining coverage dates when employment
changes.
d. Supplemental Coverage Arrangements
A commenter asked whether an employer and an issuer must coordinate
section 6055 reporting for an employer-sponsored group health plan that
consists of an insured high-deductible health plan (HDHP) and
additional health benefits provided through a contribution to a health
savings account. Health savings accounts are not minimum essential
coverage, and therefore section 6055 reporting is not required for
them. Additionally, the proposed regulations provide that reporting is
not required for arrangements such as health reimbursement arrangements
that supplement minimum essential coverage.
3. Time and Manner of Filing
a. Form of Return
The proposed regulations provide that the return under section 6055
may be made on Form 1095-B or another form the IRS designates, or on a
substitute form. A substitute form must comply with revenue procedures
or other published guidance, see Sec. 601.601(d)(2), that apply to
substitute forms. The proposed regulations require that information
returns be submitted to the IRS with a transmittal form, Form 1094-B.
In accordance with usual procedure, these forms will be made available
in draft form at a later date.
b. Time for Filing Returns
The proposed regulations provide for reporting entities to file the
return and
[[Page 54991]]
transmittal form on or before February 28 (or March 31 if filed
electronically) of the year following the calendar year in which they
provided minimum essential coverage. Commenters suggested that the
proposed regulations provide different reporting deadlines for fiscal
year health plans to avoid calendar year reporting of data from
multiple plan years. Since most individuals file calendar year returns,
permitting fiscal year reporting would interfere with return
preparation and processing for individuals potentially subject to the
section 5000A individual shared responsibility payment. Therefore, the
proposed regulations do not adopt this comment.
c. Electronic Reporting
Commenters recommended permitting electronic reporting under
section 6055. Section 6011(e) and Sec. 301.6011-2 require high-volume
filers (those who file 250 or more returns during the calendar year) to
file electronically. The proposed regulations provide that these
electronic filing requirements apply to information returns under
section 6055, but do not limit electronic filing to high-volume filers.
Accordingly, any reporting entity may file electronically under section
6055.
4. Combined Reporting
As discussed earlier in this preamble, applicable large employers
that provide minimum essential coverage on a self-insured basis are
subject to the reporting requirements of sections 6055 and 6056, as
well as the requirement under section 6051 to file Form W-2, Wage and
Tax Statement, showing wages paid to employees and taxes withheld.
Notices 2012-32 and 2012-33 requested comments on how to minimize
duplication in reporting under these provisions.
Several commenters recommended that the regulations allow combined
information reporting under sections 6055 and 6056 for applicable large
employers that sponsor self-insured group health plans and must report
under both sections. Other commenters recommended that employers be
permitted to use a single information return to report under sections
6051 and 6055, for example by adding the information required under
section 6055 to Form W-2.
As discussed elsewhere in this preamble, these proposed regulations
seek to simplify reporting and reduce duplication through a number of
approaches. In particular, the proposed regulations provide that
issuers need not report under section 6055 for individual market
qualified health plans enrolled in through an Exchange. The proposed
regulations also provide relief from the requirement to report several
items of information that are unnecessary for tax administration or are
available from other reporting, and they allow the use of substitute
forms and statements to individuals, which, under future guidance, may
include furnishing a single substitute statement to covered individuals
for both sections 6055 and 6056.
Accordingly, while the rules for section 6055 reporting in the
proposed regulations do not assume full combined reporting under
sections 6055, 6056 and 6051, they reflect other means of avoiding
duplication and simplifying reporting. We continue to seek comments on
other ways to streamline the reporting methods that would be
permissible under the statute.
5. Statements Furnished to Individuals
The proposed regulations provide that a reporting entity must
furnish a statement to the covered individual providing the policy
number and the name, address, and a contact number for the reporting
entity, and the information required to be reported to the IRS. The
proposed regulations permit substitute statements that include the
information required to be shown on the return filed with the IRS and
comply with applicable requirements in published guidance relating to
substitute statements. See Sec. 601.601(d)(2) of this chapter. A
substitute statement that includes the information required by both
sections 6055 and 6056 in a single statement may be permitted by future
guidance.
Commenters recommended permitting electronic delivery of statements
to individuals. A commenter suggested that the regulations provide
rules for electronic delivery of statements to individuals that are
similar to the rules under section 2715 of the Public Health Service
Act for providing a summary of benefits and coverage. The commenter
suggested that these reporting regulations permit the furnishing of one
electronic statement per home address rather than multiple statements
per household. Another commenter requested guidance on procedures when
an email notice is returned due to an incorrect address.
The proposed regulations permit electronic delivery of statements
to individuals if the recipient consents. In response to concerns about
the need to furnish a statement to each individual, the proposed
regulations also permit furnishing only one statement per address.
Comments are requested on whether and under what circumstances the
regulations should direct reporting entities to provide a statement to
another individual (who may, for example, need the statement to
determine his or her tax liability).
Commenters expressed concern about protecting the privacy of
individuals who provide TINs and about disclosure of the TINs to other
parties. The regulations provide that section 6055 information
reporting will be included in the IRS truncated TIN program.
Accordingly, to protect the privacy of covered individuals, statements
furnished to individuals under section 6055 are not required to
disclose their complete TINs.
A commenter recommended that the statement to individuals should
explain minimum essential coverage and advise taxpayers that they may
be subject to a penalty for months in which they do not have minimum
essential coverage. The proposed regulations do not include rules
addressing educational content in the statement. However, information
on the section 5000A individual shared responsibility payment may be
included in IRS forms, instructions, and publications.
6. Penalties
Commenters recommended providing procedures for correcting errors
in reporting and a safe harbor from penalties for an issuer that fails
to report information that another entity fails to provide to the
issuer. The proposed regulations provide that the provisions of section
6724(a) providing relief for a failure due to reasonable cause apply to
reporting under section 6055. Because the procedures described in Sec.
301.6721-1(b), which provide for reduced penalties for reporting errors
that are timely corrected, will apply to corrections of errors in
reporting under section 6055 that are not due to reasonable cause, the
proposed regulations do not prescribe separate rules for correcting
errors.
Proposed Effective/Applicability Date
These regulations are proposed to apply for calendar years
beginning after December 31, 2014. Consistent with Notice 2013-45,
reporting entities will not be subject to penalties for failure to
comply with the section 6055 reporting requirements for coverage in
2014, which would have resulted in reporting in 2015 and furnishing
statements to covered individuals in 2015. Accordingly, a reporting
entity will not be subject to penalties if it first reports beginning
in 2016 for 2015, including the furnishing of statements to covered
individuals in 2016 with respect to
[[Page 54992]]
2015. Taxpayers are encouraged, however, to voluntarily comply with
section 6055 information reporting for minimum essential coverage
provided in 2014 by applying these regulations once finalized.
Special Analyses
It has been determined that this notice of proposed rulemaking is
not a significant regulatory action as defined in Executive Order
12866, as supplemented by Executive Order 13563. Therefore, a
regulatory assessment is not required. It has also been determined that
section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5)
does not apply to these regulations.
It is hereby certified that these regulations will not have a
significant economic impact on a substantial number of small entities.
This certification is based on the fact that the information collection
required under these regulations is imposed under section 6055.
Consistent with the statute, the proposed regulations require a person
that provides minimum essential coverage to an individual to file a
return with the IRS reporting certain information and to furnish a
statement to the responsible individual who enrolled an individual or
family in the coverage. These regulations primarily provide the method
of filing and furnishing returns and statements under section 6055.
Moreover, the proposed regulations attempt to minimize the burden
associated with this collection of information by limiting reporting to
the information that the IRS will use to verify minimum essential
coverage and administer tax credits.
Based on these facts, a Regulatory Flexibility Analysis under the
Regulatory Flexibility Act (5 U.S.C. chapter 6) is not required.
Pursuant to section 7805(f) of the Code, this notice of proposed
rulemaking has been submitted to the Chief Counsel for Advocacy of the
Small Business Administration for comment on its impact on small
business.
Comments and Public Hearing
Before these proposed regulations are adopted as final regulations,
consideration will be given to any comments that are submitted timely
to the IRS as prescribed in this preamble under the ADDRESSES heading.
The IRS and Treasury Department request comments on all aspects of the
proposed rules. All comments will be available at www.regulations.gov
or upon request.
A public hearing has been scheduled for November 19, 2013, at 10
a.m., in the auditorium, Internal Revenue Building, 1111 Constitution
Avenue NW., Washington, DC. Due to building security procedures,
visitors must enter at the Constitution Avenue entrance. All visitors
must present photo identification to enter the building. Because of
access restrictions, visitors will not be admitted beyond the immediate
entrance more than 30 minutes before the hearing starts. For
information about having your name placed on the building access list
to attend the hearing, see the FOR FURTHER INFORMATION CONTACT section
of this preamble.
The rules of 26 CFR 601.601(a)(3) apply to the hearing. Persons who
wish to present oral comments at the hearing must submit written or
electronic comments by November 8, 2013, an outline of topics to be
discussed and the time to be devoted to each topic by (signed original
and eight (8) copies by November 8, 2013. A period of 10 minutes will
be allotted to each person for making comments.
An agenda showing the scheduling of the speakers will be prepared
after the deadline for receiving outlines has passed. Copies of the
agenda will be available free of charge at the hearing.
Drafting Information
The principal authors of these proposed regulations are Andrew
Braden and Frank W. Dunham III of the Office of Associate Chief Counsel
(Income Tax and Accounting). However, other personnel from the IRS and
the Treasury Department participated in the development of the
regulations.
List of Subjects
26 CFR Part 1
Income taxes, Reporting and recordkeeping requirements.
26 CFR Part 301
Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income
taxes, Penalties, Reporting and recordkeeping requirements.
Proposed Amendments to the Regulations
Accordingly, 26 CFR parts 1 and 301 are proposed to be amended as
follows:
PART 1--INCOME TAXES
0
Paragraph 1. The authority citation for part 1 is amended by adding
entries in numerical order to read in part as follows:
Authority: 26 U.S.C. 7805 * * *
Sections 1.6055-1 and 1.6055-2 also issued under 26 U.S.C. 6055.
0
Par. 2. Sections 1.6055-1 and 1.6055-2 are added to read as follows:
Sec. 1.6055-1 Information reporting for minimum essential coverage.
(a) Information reporting requirement. Every person that provides
minimum essential coverage to an individual during a calendar year must
file an information return and a transmittal on forms prescribed by the
Internal Revenue Service.
(b) Definitions--(1) In general. The definitions in this paragraph
(b) apply for purposes of this section.
(2) Affordable Care Act. The term Affordable Care Act refers to the
Patient Protection and Affordable Care Act, Public Law 111-148 (124
Stat. 119 (2010)), and the Health Care and Education Reconciliation Act
of 2010, Public Law 111-152 (124 Stat. 1029 (2010)), and amendments to
those acts.
(3) ERISA. The term ERISA means the Employee Retirement Income
Security Act of 1974, as amended (29 U.S.C. 1001 et seq.).
(4) Exchange. Exchange has the same meaning as in 45 CFR 155.20.
(5) Government employer. The term government employer means an
employer that is a governmental unit or an agency or instrumentality of
a governmental unit.
(6) Governmental unit. The term governmental unit refers to the
government of the United States, any State or political subdivision of
a State, or any Indian tribal government (as defined in section
7701(a)(40)) or subdivision of an Indian tribal government (as defined
in section 7871(d)).
(7) Agency or instrumentality of a governmental unit. [Reserved]
(8) Minimum essential coverage. Minimum essential coverage is
defined in section 5000A(f) and regulations issued under that section.
(9) Qualified health plan. The term qualified health plan has the
same meaning as in section 1301(a) of the Affordable Care Act (42
U.S.C. 18021(a)).
(10) Reporting entity. A reporting entity is any person that must
report, under section 6055 and this section, minimum essential coverage
provided to an individual.
(11) Responsible individual. A responsible individual is a primary
insured, employee, former employee, uniformed services sponsor, parent,
or other related person named on an application who enrolls one or more
individuals in minimum essential coverage.
(12) Taxpayer identifying number. The term taxpayer identifying
number
[[Page 54993]]
(TIN) has the same meaning as in section 7701(a)(41).
(c) Persons required to report--(1) In general. The following
persons must file the information return and transmittal form required
under paragraph (a) of this section to report minimum essential
coverage--
(i) Health insurance issuers, or carriers (as used in 5 U.S.C.
8901), for all insured coverage, except as provided in paragraph
(c)(3)(ii) of this section;
(ii) Plan sponsors of self-insured group health plan coverage;
(iii) The executive department or agency of a governmental unit
that provides coverage under a government-sponsored program (within the
meaning of section 5000A(f)(1)(A)); and
(iv) Any other person that provides minimum essential coverage to
an individual.
(2) Plan sponsors of self-insured group health plan coverage--(i)
In general. For purposes of this section, a plan sponsor of self-
insured group health plan coverage is--
(A) The employer for a self-insured group health plan or
arrangement established or maintained by a single employer (determined
without application of section 414(b), (c), (m) or (o)), including each
participating employer with respect to a self-insured group health plan
or arrangement established or maintained by more than one employer
(other than a Multiple Employer Welfare Arrangement as defined in
section 3(40) of ERISA));
(B) The association, committee, joint board of trustees, or other
similar group of representatives of the parties who establish or
maintain the plan for a self-insured group health plan or arrangement
that is a multiemployer plan (as defined in section 3(37) of ERISA).
(C) The employee organization for a self-insured group health plan
or arrangement maintained solely by an employee organization;
(D) Each participating employer for a self-insured group health
plan or arrangement maintained by a Multiple Employer Welfare
Arrangement (as defined in section 3(40) of ERISA) with respect to the
participating employer's own employees; and
(E) For a self-insured group health plan or arrangement for which a
plan sponsor is not otherwise identified in paragraphs (c)(2)(1)(A)
through (c)(2)(1)(D) of this section, the person designated by plan
terms as the plan sponsor or plan administrator or, if no person is
designated as the administrator and a plan sponsor cannot be
identified, each entity that maintains the plan or arrangement.
(ii) Government employers. Unless otherwise provided by statute or
regulation, a government employer that maintains a self-insured group
health plan or arrangement may enter into a written agreement with
another governmental unit, or an agency or instrumentality of a
governmental unit, that designates the other governmental unit, agency,
or instrumentality as the person required to file the returns and to
furnish the statements required by this section for some or all of the
individuals receiving minimum essential coverage under that plan or
arrangement. The designated governmental unit, agency, or
instrumentality must be part of or related to the same governmental
unit as the government employer (for example, a political subdivision
of a state may designate the state or another political subdivision of
the state) and agree to the designation. The government employer must
make or revoke the designation before the earlier of the deadline for
filing the returns or furnishing the statements required by this
section. If the requirements of this paragraph (c)(2)(ii) are met, the
designated governmental unit, agency, or instrumentality is the sponsor
under paragraph (c)(2)(i) of this section. If no entity is designated,
the government employer that maintains the self-insured group health
plan or arrangement is the sponsor under paragraph (c)(2)(i) of this
section.
(3) Special rules for government-sponsored programs--(i) Medicaid
and Children's Health Insurance Program (CHIP) coverage. The State
agency that administers the Medicaid program under title XIX of the
Social Security Act (42 U.S.C. 1396 and following sections) or the CHIP
program under title XXI of the Social Security Act (42 U.S.C. 1396 and
following sections) must file the returns and furnish the statements
required by this section for those programs.
(ii) Government-sponsored coverage provided through health
insurance issuers. An executive department or agency of a governmental
unit that provides coverage under a government-sponsored program
through a health insurance issuer (such as Medicaid, CHIP, or Medicare)
must file the returns and furnish the statements required by this
section.
(iii) Nonappropriated Fund Health Benefits Program. The Secretary
of Defense may designate the Department of Defense components (as used
in DoD 7000.14-R, Department of Defense Financial Management
Regulations) that must file the returns and furnish the statements
required by this section for the Nonappropriated Fund Health Benefits
Program.
(4) Other arrangements recognized as minimum essential coverage.
The Commissioner may designate in published guidance, see Sec.
601.601(d) of this chapter, the reporting entity for arrangements the
Secretary of Health and Human Services, in coordination with the
Secretary of the Treasury, recognizes under section 5000A(f)(1)(E) as
minimum essential coverage.
(d) Information required to be reported to the Internal Revenue
Service--(1) In general. All information returns required by this
section must report the following information for the calendar year of
coverage--
(i) Name, address, and employer identification number (EIN) for the
person required to file the return;
(ii) Name, address, and TIN, or date of birth if a TIN is not
available, of the responsible individual;
(iii) Name and TIN, or date of birth if a TIN is not available, of
each individual covered under the policy or program;
(iv) For each covered individual, the months for which, for at
least one day, the individual was enrolled in coverage and entitled to
receive benefits; and
(v) Any other information specified in forms, instructions, or
published guidance, see Sec. Sec. 601.601(d) and 601.602 of this
chapter.
(2) Information relating to employer-provided coverage. In addition
to the information described in paragraph (d)(1) of this section,
information returns reporting minimum essential coverage provided to an
individual that is coverage provided by a health insurance issuer
through a group health plan must report--
(i) Name, address, and EIN of the employer sponsoring the plan;
(ii) Whether the coverage is a qualified health plan enrolled in
through the Small Business Health Options Program (SHOP) and the SHOP's
unique identifier; and
(iii) Other information specified in forms, instructions, or
published guidance, see Sec. Sec. 601.601(d) and 601.602 of this
chapter.
(e) Reporting not required--(1) Qualified health plans. A health
insurance issuer is not required to file a return or furnish a report
under this section for coverage in a qualified health plan in the
individual market enrolled in through an Exchange.
(2) Additional health benefits. No information return is required
to report arrangements that provide benefits in addition or as a
supplement to a health plan or arrangement that constitutes minimum
essential coverage.
[[Page 54994]]
(3) Individuals not enrolled in coverage. No reporting is required
under this section for coverage offered to individuals who do not
enroll.
(f) Time and place for filing return--(1) In general. A reporting
entity must file the return and transmittal form required under
paragraph (a) of this section on or before February 28 (March 31 if
filed electronically) of the year following the calendar year in which
it provided minimum essential coverage to an individual. A reporting
entity must file the return and transmittal form at the address
specified on the return form or in its instructions.
(2) Extensions of time. See Sec. 1.6081-8 for rules relating to
extensions of time to file.
(3) Electronic filing. See Sec. 301.6011-8 of this chapter for
rules relating to electronic filing.
(4) Form of return. A return required under this paragraph (f) may
be made on Form 1095-B or other form designated by the Internal Revenue
Service or on a substitute form. A substitute form must comply with
revenue procedures or other published guidance (see Sec. 601.601(d)(2)
of this chapter) that apply to substitute forms.
(g) Statements to be furnished to individuals--(1) In general.
Every person required to file a return under this section must furnish
to the responsible individual identified on the return a written
statement showing--
(i) Contact phone number for the person required to file the return
and policy number, if applicable; and
(ii) Information described in paragraph (d) of this section for the
reporting entity and each individual listed on the return.
(2) Statements for individuals other than the responsible
individual. A reporting entity is not required to provide a statement
described in paragraph (g)(1) of this section to an individual who is
not the responsible individual.
(3) Form of the statement. A statement required under this
paragraph (g) may be made either by furnishing to the responsible
individual identified in the return a copy of the return filed with the
IRS or on a substitute statement. A substitute statement must include
the information required to be shown on the return filed with the IRS,
and must comply with requirements in published guidance (see Sec.
601.601(d)(2) of this chapter) relating to substitute statements. An
IRS truncated taxpayer identifying number may be used as the
identifying number for an individual in lieu of the identifying number
appearing on the corresponding information return filed with the IRS.
(4) Time and manner for furnishing statements. A reporting entity
must furnish the statements required under this paragraph (g) on or
before January 31 of the year following the calendar year in which
minimum essential coverage is provided. If mailed, the statement must
be sent to the individual's last known permanent address or, if no
permanent address is known, to the individual's temporary address. A
reporting entity may furnish the statement electronically in accordance
with Sec. 1.6055-2.
(h) Penalties--(1) Failure to file correct returns. The section
6721 penalty may apply to a person that fails to file information
returns required by this section on or before the required filing date,
fails to include all of the required information on the return, or
includes incorrect information on the return. See section 6724 and the
regulations under that section for rules relating to waivers of
penalties for certain failures due to reasonable cause.
(2) Failure to furnish correct information statements. The section
6722 penalty may apply to a reporting entity that fails to furnish
statements required by this section on or before the prescribed date,
fails to include all the required information on the statement, or
includes incorrect information on the statement. See section 6724 and
the regulations under that section for rules relating to waivers of
penalties for certain failures due to reasonable cause.
(i) Effective/applicability date. This section applies for calendar
years beginning after December 31, 2014. Reporting entities will not be
subject to penalties under section 6721 or 6722 with respect to the
reporting requirements for 2014 (for information returns that would
have been required to be filed and statements that would have been
required to be furnished to covered individuals in 2015 with respect to
2014).
Sec. 1.6055-2 Electronic furnishing of statements reporting minimum
essential coverage.
(a) Electronic furnishing of statements--(1) In general. A person
required by section 6055 to furnish a statement (furnisher) to a
responsible individual (a recipient) may furnish the statement in an
electronic format in lieu of a paper format. A furnisher who meets the
requirements of paragraphs (a)(2) through (a)(6) of this section is
treated as furnishing the statement in a timely manner.
(2) Consent--(i) In general. The recipient must have affirmatively
consented to receive the statement in an electronic format. The consent
may be made electronically in any manner that reasonably demonstrates
that the recipient can access the statement in the electronic format in
which it will be furnished. Alternatively, the consent may be made in a
paper document that is confirmed electronically.
(ii) Withdrawal of consent. The furnisher may provide in the
disclosure furnished pursuant to paragraph (a)(3)(v) of this section
that a withdrawal of consent takes effect either on the date the
furnisher receives it or on another date no more than 60 days later. A
furnisher may treat a request for a paper statement as a withdrawal of
consent. If the furnisher provides a statement after the withdrawal of
consent takes effect, the recipient has not consented to receive the
statement in electronic format.
(iii) Change in hardware or software requirements. If a change in
the hardware or software required to access the statement creates a
material risk that the recipient will not be able to access a
statement, a furnisher must, prior to changing the hardware or
software, notify the recipient. The notice must describe the revised
hardware and software required to access the statement and inform the
recipient that a new consent to receive the statement in the revised
electronic format must be provided to the furnisher. After implementing
the revised hardware or software, the furnisher must obtain a new
consent or confirmation of consent to receive the statement
electronically from the recipient.
(iv) Examples. The following examples illustrate the rules of this
paragraph (a)(2):
Example 1. Furnisher F sends Recipient R a letter stating that
R may consent to receive the statement required under section 6055
electronically on a Web site instead of in a paper format. The
letter contains instructions explaining how to consent to receive
the statement electronically by accessing the Web site, downloading
and completing the consent document, and emailing the completed
consent back to F. The consent document posted on the Web site uses
the same electronic format that F will use for the electronically
furnished statement. R reads the instructions and submits the
consent in the manner provided in the instructions. R has consented
to receive the statement required under section 6055 electronically
in the manner described in paragraph (a)(2)(i) of this section.
Example 2. Furnisher F sends Recipient R an email stating that R
may consent to receive the statement required under section 6055
electronically instead of in a paper format. The email contains an
attachment instructing R how to consent to receive the statement
required under section 6055 electronically. The email attachment
uses the same electronic format that F will use for the
[[Page 54995]]
electronically furnished statement. R opens the attachment, reads
the instructions, and submits the consent in the manner provided in
the instructions. R has consented to receive the statement required
under section 6055 electronically in the manner described in
paragraph (a)(2)(i) of this section.
Example 3. Furnisher F posts a notice on its Web site stating
that Recipient R may receive the statement required under section
6055 electronically instead of in a paper format. The Web site
contains instructions on how R may access a secure Web page and
consent to receive the statements electronically. R accesses the
secure Web page and follows the instructions for giving consent. R
has consented to receive the statement required under section 6055
electronically in the manner described in paragraph (a)(2)(i) of
this section.
(3) Required disclosures--(i) In general. Prior to, or at the time
of, a recipient's consent, a furnisher must provide to the recipient a
clear and conspicuous disclosure statement containing each of the
disclosures described in this paragraph (a)(3).
(ii) Paper statement. The furnisher must inform the recipient that
the statement will be furnished on paper if the recipient does not
consent to receive it electronically.
(iii) Scope and duration of consent. The furnisher must inform the
recipient of the scope and duration of the consent. For example, the
recipient must be informed whether the consent applies to each
statement required to be furnished after the consent is given until it
is withdrawn or only to the first statement required to be furnished
following the consent.
(iv) Post-consent request for a paper statement. The furnisher must
inform the recipient of any procedure for obtaining a paper copy of the
recipient's statement after giving the consent described in paragraph
(a)(2)(i) of this section and whether a request for a paper statement
will be treated as a withdrawal of consent.
(v) Withdrawal of consent. The furnisher must inform the recipient
that--
(A) The recipient may withdraw a consent by writing (electronically
or on paper) to the person or department whose name, mailing address,
telephone number, and email address is provided in the disclosure
statement;
(B) The furnisher will confirm the withdrawal and the date on which
it takes effect in writing (either electronically or on paper); and
(C) A withdrawal of consent does not apply to a statement that was
furnished electronically in the manner described in this paragraph (a)
before the date on which the withdrawal of consent takes effect.
(vi) Notice of termination. The furnisher must inform the recipient
of the conditions under which the furnisher will cease furnishing
statements electronically to the recipient (for example, termination of
the recipient's employment with a furnisher who is the recipient's
employer).
(vii) Updating information. The furnisher must inform the recipient
of the procedures for updating the information needed to contact the
recipient. The furnisher must inform the recipient of any change in the
furnisher's contact information.
(viii) Hardware and software requirements. The furnisher must
provide the recipient with a description of the hardware and software
required to access, print, and retain the statement, and the date when
the statement will no longer be available on the Web site. The
furnisher must advise the recipient that the statement may be required
to be printed and attached to a Federal, State, or local income tax
return.
(4) Format. The electronic version of the statement must contain
all required information and comply with applicable published guidance
(see Sec. 601.601(d) of this chapter) relating to substitute
statements to recipients.
(5) Notice--(i) In general. If a statement is furnished on a Web
site, the furnisher must notify the recipient. The notice may be
delivered by mail, electronic mail, or in person. The notice must
provide instructions on how to access and print the statement and
include the following statement in capital letters, ``IMPORTANT TAX
RETURN DOCUMENT AVAILABLE.'' If the notice is provided by electronic
mail, this statement must be on the subject line of the electronic
mail.
(ii) Undeliverable electronic address. If an electronic notice
described in paragraph (a)(5)(i) of this section is returned as
undeliverable, and the furnisher cannot obtain the correct electronic
address from the furnisher's records or from the recipient, the
furnisher must furnish the notice by mail or in person within 30 days
after the electronic notice is returned.
(iii) Corrected statement. The furnisher must furnish a corrected
statement to the recipient electronically if the original statement was
furnished electronically. If the original statement was furnished
through a Web site posting, the furnisher must notify the recipient
that it has posted the corrected statement on the Web site in the
manner described in paragraph (a)(5)(i) of this section within 30 days
of the posting. The corrected statement or the notice must be furnished
by mail or in person if--
(A) An electronic notice of the Web site posting of an original
statement or the corrected statement was returned as undeliverable; and
(B) The recipient has not provided a new email address.
(6) Access period. Statements furnished on a Web site must be
retained on the Web site through October 15 of the year following the
calendar year to which the statements relate (or the first business day
after October 15, if October 15 falls on a Saturday, Sunday, or legal
holiday). The furnisher must maintain access to corrected statements
that are posted on the Web site through October 15 of the year
following the calendar year to which the statements relate (or the
first business day after such October 15, if October 15 falls on a
Saturday, Sunday, or legal holiday) or the date 90 days after the
corrected forms are posted, whichever is later.
(7) Paper statements after withdrawal of consent. A furnisher must
furnish a paper statement if a recipient withdraws consent to receive a
statement electronically and the withdrawal takes effect before the
statement is furnished. A paper statement furnished after the statement
due date under this paragraph (a)(7) is timely if furnished within 30
days after the date the furnisher receives the withdrawal of consent.
(b) Effective/applicability date. This section applies for calendar
years beginning after December 31, 2014. Reporting entities will not be
subject to penalties under section 6722 with respect to the reporting
requirements for 2014 (for statements that would have been required to
be furnished to covered individuals in 2015 with respect to 2014).
0
Par. 3. Section 1.6081-8 is amended by adding the language ``1095
series'' between the words ``1042-S,'' and ``1098'' in paragraph (a).
PART 301--PROCEDURE AND ADMINISTRATION
0
Par. 4. The authority citation for part 301 continues to read in part
as follows:
Authority: 26 U.S.C. 7805 * * *
0
Par. 5. Section 301.6011-8 is added to read as follows:
Sec. 301.6011-8 Required use of magnetic media to report minimum
essential coverage.
(a) Returns reporting minimum essential coverage must be filed on
magnetic media. A person required to file an information return
reporting minimum essential coverage under
[[Page 54996]]
Sec. 1.6055-1 of this chapter must file the return on magnetic media
if the person is required to file to least 250 returns during the
calendar year. Returns filed on magnetic media must be made in
accordance with applicable publications, forms, instructions, or
published guidance, see Sec. Sec. 601.601(d) and 601.602 of this
chapter.
(b) Magnetic media. For purposes of this section, the term magnetic
media has the same meaning as in Sec. 301.6011-2(a)(1).
(c) Determination of 250 returns. For purposes of this section, a
person is required to file at least 250 returns if, during the calendar
year, the person is required to file at least 250 returns of any type,
including information returns (for example, Forms W-2, Forms 1099),
income tax returns, employment tax returns, and excise tax returns.
(d) Waiver. The Commissioner may waive the requirements of this
section in cases of hardship in accordance with Sec. 301.6011-
2(c)(2)(i).
(e) Failure to file. If a person fails to file an information
return on magnetic media when required by this section, the person is
deemed to have failed to file the return. See section 6721 for
penalties for failure to file returns and see section 6724 and the
regulations under section 6721 for failure to file on magnetic media.
(f) Effective/applicability date. This section applies to returns
on Form 1095-B or another form the IRS designates required to be filed
after December 31, 2015. Reporting entities will not be subject to
penalties under section 6721 with respect to the reporting requirements
for 2014 (for information returns that would have been required to be
filed in 2015 with respect to 2014).
0
Par 6. Section 301.6721-1 is amended by removing the word ``or'' after
paragraph (g)(3)(xxii), removing the period and adding a semi-colon in
its place after paragraph (g)(3)(xxiii), and adding paragraphs
(g)(3)(xxiv) and (g)(3)(xxv) to read as follows:
Sec. 301.6721-1 Failure to file correct information returns.
* * * * *
(g) * * *
(3) * * *
(xxiv) Section 6055 (relating to information returns reporting
minimum essential coverage); or
(xxv) Section 6056 (relating to information returns reporting on
offers of health insurance coverage by applicable large employer
members).
* * * * *
0
Par 7. Section 301.6722-1 is amended by removing the word ``or'' after
paragraph (d)(2)(xxxi), removing the period and adding a semi-colon in
its place after paragraph (d)(2)(xxxii), and adding paragraphs
(d)(2)(xxxiii) and (d)(2)(xxxiv) to read as follows:
Sec. 301.6722-1 Failure to furnish correct payee statements.
* * * * *
(d) * * *
(2) * * *
(xxxiii) Section 6055 (relating to information returns reporting
minimum essential coverage); or
(xxxiv) Section 6056 (relating to information returns reporting on
offers of health insurance coverage by applicable large employer
members).
* * * * *
Heather C. Maloy,
Acting Deputy Commissioner for Services and Enforcement.
[FR Doc. 2013-21783 Filed 9-5-13; 4:15 pm]
BILLING CODE 4830-01-P