I have been advising employers to wait until February 1, 2017 before starting work on the 2016 1094 and 1095 forms. My hope was that, based upon all of the campaign rhetoric, the ACA reporting obligations would either be further delayed or repealed during the first couple of weeks of the Trump administration.
President Trump did issue an executive order on January 20, 2017 instructing all federal government agencies “to waive, defer, grant exemptions from, or delay the implementation of any provision or requirement” of the ACA. Unfortunately, as of February 1, a lengthy delay or repeal of the reporting requirements has not occurred.
I now believe that employers need to start working on the 1094 and 1095 forms to meet the applicable filing and distribution deadlines. The deadline to file 1094-B, 1095-B, 1095-C and 1095-C (as applicable) with the IRS is February 28, 2017, or March 31, 2017 if filing electronically. Form 1095-B or Form 1095-C (as applicable) must be distributed to employees by March 2, 2017.