While the deadline to electronically file Affordable Care Act (ACA) information returns with the IRS passed on June 30, 2016, the ACA Information Returns (AIR) system used to electronically file those returns will remain up and running.

On June 30th, the IRS noted the following on its AIR system home page:

  • The AIR system will continue to accept information returns filed after June 30, 2016. In addition, employers can still complete required system testing after June 30, 2016.
  • If a filing was rejected, the employer has 60 days to submit a replacement and have the rejected submission treated as timely filed.
  • When a filing is “accepted with errors,” employers may continue to submit corrections after June 30.
  • Employers that were unable to submit their returns by June 30 should still file their returns after the deadline. Employers that missed the deadline will generally not be assessed late filing penalties if the employer made legitimate efforts to register with the AIR system and to file its information returns, and it continues to make such efforts and completes the process as soon as possible.

When an employer’s filing is “accepted with errors” due to incorrect name/TIN combinations, it does not necessarily require resubmission; however, the employer should make a good faith attempt at validating the information. Any corrections should be made as soon as possible once the correct information becomes available.

Also, while there is no specific relief provided in the case of employers that fail to file returns by the deadline, relief may be available if the IRS determines that there was reasonable cause for the delay

Employers that did not file electronically and that missed the May 31, 2016, paper filing deadline should also complete the filing of their paper returns as soon as possible.

About The Authors
This alert was prepared for Broad Reach Benefits by Stacy Barrow and Mitch Geiger. Mr. Barrow and Mr. Geiger are nationally recognized experts on the Affordable Care Act. Their firm, Marathas Barrow & Weatherhead LLP, is a premier employee benefits, executive compensation and employment law firm. They can be reached at sbarrow@marbarlaw.com or mgeiger@marbarlaw.com.

This post is a service to our clients and friends. It is designed only to give general information on the developments actually covered. It is not intended to be a comprehensive summary of recent developments in the law, treat exhaustively the subjects covered, provide legal advice, or render a legal opinion.  © Copyright 2016 Benefit Advisors Network. Smart Partners. All rights reserved.