Keenan Blog

Final Forms and Instructions Released for 2019 Information Reporting

December 17, 2019

On December 12, 2019, the Internal Revenue Service (IRS) released Final Forms and Instructions for 2019 information reporting by employers and other entities under Internal Revenue Code sections 6055 and 6056. The 2019 Final Forms and Instructions reflect the indexed penalty amounts for reporting failures as well as the extension of due dates from January 31, 2020 to March 2, 2020 and the extension of good faith relief for reporting and furnishing.

The links to the Final Forms and Instructions are below:

2019 Forms for Applicable Large Employers (ALEs) (Code section 6056):

2019 Forms for Employers who Self-Fund (Code section 6055):

The penalty amounts for the 2019 tax year are as follows:

  • Failure to file a correct information return. $270 for each return for which the failure occurs, with the total penalty for a calendar year not to exceed $3,339,000.
  • Failure to provide a correct payee statement. $270 for each statement for which the failure occurs, with the total penalty for a calendar year not to exceed $3,339,000.

Good Faith Relief

In addition to extended due dates, updated forms and indexed penalty amounts, the Final Forms and Instructions indicate the following.

  • Relief for failure to furnish statements.
    • The IRS will not impose a penalty for failure to furnish form 1095-C to any employee enrolled in an ALE member’s self-insured health plan who is not a full-time employee for any month of 2019 if certain conditions are met.
    • The IRS will not impose a penalty for failure to furnish Form 1095-B to individuals if certain conditions are met.
  • Extension of good faith relief for reporting and furnishing.
    • The IRS will not impose a penalty for failure to file Form 1095 B or 1095-C with the IRS or failure to furnish Form 1095 B or 1095-C to employees if the employer makes a good faith effort to comply with the information reporting requirements.

In each item of guidance, the Final Forms and Instructions refer employers to IRS Notice 2019-63 for more details.


About Amy Donovan
Amy is Keenan's Vice President of Legislative and Regulatory Affairs, authoring the firm's Briefings and position papers on legislation, regulation and litigation that have an impact on the firm and its clients.