Our companies employ 22 full-time employees. Do we have to issue the new ACA Forms 1094 and 1095 to employees and the IRS under the affordable care act (ACA)? I believe we are exempt, but I wanted to confirm if our company needs to issue these ACA forms.
Based on the facts and circumstances that you have provided, we believe that your company is likely to exempt from the reporting requirements. If your company happens to have enough part-time employees to have greater than 50 full-time equivalent workers (those who work, on average, at least 30 hours per week) or if there is a self-insured plan, then Forms 1094 & 1095 would be applicable. In addition, employers with fewer than 50 full-time employees (including equivalents) will still be required to file Forms 1095-C and 1094-C if they are members of a controlled or affiliated service group that collectively has at least 50 full-time employees (including equivalents). Companies could be in a controlled or affiliated service group if they have common owners.
References: IRC Section 6055