Affordable Care Act Reporting Penalties Increased

July 9, 2015
3 min read

Form 1094/1095 Penalties Increased Significantly

President Obama recently signed a bill that will significantly increase penalties levied due to failure to file various tax reporting forms – including Form 1094/1095.
The penalties, effective for 2015 filings which are due in 2016, include the following increases:

  • Failure to file an information return will now increase from $100 to $250 per return.
  • Maximum limit on the total amount of penalties for failing to file an information return will increase from $1,500,000 to $3,000,000.
  • If the failure is caused by intentional disregard, the penalty is doubled to $500 with no applicable maximum limit for that calendar year.

If an employer fails to provide the employee statement, as well as the filing with the IRS, the penalty is doubled. Penalties are only reduced if a corrected return is filed within 30 days of the required filing date.
Although the penalties are effective for the 2015 filings, the IRS’s enforcement policy for the first year of ACA filing remains unchanged. This means that as long as employers show a good faith effort to comply with reporting requirements, penalties will not be enforced.
If you have questions or concerns regarding these penalty increases, please call us at 1-800-250-2741 ext. 170, or email us at

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