We want to remind employers that, starting January 1, 2025, the Paperwork Burden Reduction Act was amended, modifying the reporting requirements for employers as follows:
- Forms on Request: Employers are no longer required to send 1095-B and 1095-C forms to covered individuals unless requested. Employers must notify individuals about their right to request these forms.
- Alternative Identification: Employers can use the full name and date of birth of covered individuals if unable to collect TINs for statements due in 2025.
- Extended Response Time: Starting in 2025, the response time to IRS Notices related to proposed assessments increased from 60 to 90 days.
- Electronic Delivery: Employers can deliver forms electronically if the individual consents. This consent can be revoked in writing.
- Federal vs. State Requirements: This is a federal change, but states with their paper furnishment requirements may still enforce them.
- State Reporting: California, New Jersey, Rhode Island, and Washington, D.C. have their reporting requirements. Guidance on whether this new federal reporting applies for state purposes is still needed.
- Furnishing Statements: Forms must be furnished by January 31 or within 30 days of receiving the request, whichever is later.
- Penalty Period: The period for penalty assessment expires at the end of the six years beginning on the due date (or the date the return was filed if later).
For additional information: H.R. 3797 – Paperwork Burden Reduction Act
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