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Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Proposed Rules
Internal Revenue Service IRS expects to have limited personnel available to process public comments that are submitted on paper through mail. Until further notice, any comments submitted on paper will be considered to the extent practicable. The Department of the Treasury Treasury Department and the IRS will publish for public availability any comment submitted electronically, and to the extent practicable, on paper, to its public docket. Send paper submissions to:
CC:PA:LPD:PR REG10912821, Room 5203, Internal Revenue Service, P.O.
Box 7604, Ben Franklin Station, Washington, DC 20044.
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations, call Gerald Semasek, Office of Associate Chief Counsel Income Tax and Accounting, 202 3177006 not a tollfree number; concerning submissions of comments and requests for a public hearing, call Regina Johnson at 202
3175177 not a toll-free number or send an email to publichearings@
irscounsel.treas.gov.
SUPPLEMENTARY INFORMATION:

Background This document contains proposed amendments to 26 CFR parts 1 Income Tax Regulations and 301 Procedure and Administration Regulations under sections 5000A, 6055, and 6056 of the Internal Revenue Code Code.

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1. Minimum Essential Coverage Under Section 5000A
Beginning in 2014, under the Patient Protection and Affordable Care Act, Public Law 111148, 124 Stat. 119
2010, and the Health Care and Education Reconciliation Act of 2010, Public Law 111152, 124 Stat. 1029
2010 collectively, the Affordable Care Act or ACA, eligible individuals who purchase coverage under a qualified health plan through a Health Insurance Exchange Exchange established under section 1311 of the ACA may claim a premium tax credit under section 36B of the Code. Section 36B and 1.36B3 of the Income Tax Regulations provide that a taxpayer is allowed a premium tax credit only for months that are coverage months for individuals in the taxpayers family, as defined in 1.36B1d.
Under 1.36B3c1iii, a coverage month for an individual includes only those months the individual is not eligible for minimum essential coverage other than coverage in the individual market.
Section 5000A was added to the Code by section 1501 of the ACA. Section 5000Af1 defines minimum essential
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coverage to include various types of health plans and programs, including, for example, specified governmentsponsored programs such as the Medicare program under Part A of title XVIII of the Social Security Act; the Medicaid program under Title XIX of the Social Security Act; the Childrens Health Insurance Program under Title XXI of the Social Security Act CHIP;
the TRICARE program under chapter 55
of Title 10, United States Code U.S.C.;
health care programs for veterans and other individuals under chapter 17 or 18
of Title 38, U.S.C.; coverage for Peace Corps volunteers under 22 U.S.C.
2504e; coverage under the Nonappropriated Fund Health Benefits Program under section 349 of Public Law 103337; and coverage under an eligible employer-sponsored plan.
Section 1.5000A2b2 of the Income Tax Regulations lists certain government-sponsored programs that do not constitute minimum essential coverage.
Section 5000A requires that individuals have minimum essential coverage for each month in the taxable year, qualify for an exemption from the minimum essential coverage requirement, or make an individual shared responsibility payment upon filing a federal income tax return.
Section 11081 of Public Law 11597, 131 Stat. 2054, 2092 2017, commonly referred to as the Tax Cuts and Jobs Act TCJA, reduces the individual shared responsibility payment amount to zero for months beginning after December 31, 2018.
2. Information Reporting Under Sections 6055 and 6056
Section 6055 of the Code provides that all persons who provide minimum essential coverage to an individual must report certain information to the IRS
that identifies covered individuals and the period of coverage. See section 6055a and b. Those persons also must furnish a statement to the covered individuals containing the same information. See section 6055c. Under section 6055a, c2, and 1.60551f and g, every person that provides minimum essential coverage to an individual during the calendar year is required to file with the IRS an information return and a transmittal on or before February 28 March 31 if filed electronically of the year following the calendar year to which it relates and to furnish to the responsible individual identified on the return a written statement on or before January 31 of the year following the calendar year to which the statement relates. The information returns and written
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statements must include certain information about the reporting entity, the name and taxpayer identification number TIN of the responsible individual, the name and TIN of each individual covered under the health policy, and any other information specified in IRS instructional materials.
See 1.60551e and g4. The IRS
generally has designated Form 1094B, Transmittal of Health Coverage Information Returns, and Form 1095B, Health Coverage, to meet the section 6055 requirements.
Section 6056 of the Code requires an applicable large employer ALE, as defined in section 4980Hc of the Code, that is required to meet the requirements of section 4908H to file annually information returns and furnish written statements in relation to the health insurance, if any, that the employer offers to its full-time employees. These information returns and written statements are needed in order to administer the employer shared responsibility provisions of section 4980H.
Under section 6056a, c2, and 301.60561e and g, every ALE or member of an aggregated group that is determined to be an ALE ALE member is required to file with the IRS an information return and a transmittal on or before February 28 March 31 if filed electronically of the year following the calendar year to which it relates and to furnish to full-time employees a written statement on or before January 31 of the year following the calendar year to which the statement relates. The IRS
generally has designated Form 1094C, Transmittal of Employer-Provided Health Insurance Offer and Coverage Information Returns, and Form 1095C, Employer-Provided Health Insurance Offer and Coverage, to meet the section 6056 requirements.
In addition, an ALE member that offers coverage through a self-insured health plan must complete the reporting required under section 6055, specifically the information regarding each individual enrolled in the selfinsured health plan, using Form 1095
C, Part III, rather than Form 1095B.
ALE members use Form 1095C, Part III, to meet the section 6055 reporting requirement for all employees. For individuals who are not full-time employees, ALE members report only certain information to reflect that the Form 1095C is being used to complete the section 6055 reporting applicable to individuals who are not full-time employees, but not the section 6056
reporting applicable only to full-time employees.

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