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If tax filers leave unchecked the box indicating that they have ACA-compliant coverage, "the IRS may come back and ask them follow-up questions, and they still may get audited and potentially owe the tax penalty." [SHRM members-only toolkit: Communicating with Employees About Health Care Benefits Under the Affordable Care Act ] "The ACA is still the law of the land," advised Scott Behrens, a senior ERISA attorney at Lockton Companies in Kansas City, Mo. "Prudent employers will want to continue to comply with the ACA, including the play-or-pay mandate and reporting requirements"— furnishing Forms 1095-C to employees and making all required filings with the IRS—"until formal guidance relieves them of those compliance obligations." Despite the IRS announcement, "employers are still required to file their ACA reporting forms, Cronin agreed. "Those forms will be rejected if they do not contain the requisite information. Because the President has indicated that we may not see a repeal until 2018, employers will still be required to operate their health plans in an ACA-compliant manner until notified otherwise." In the context of the employer mandate, waiver of penalties seems unlikely because these penalties are written into law and are a significant source of revenue for the federal government, Cronin said. Beyond the possible extension of "good faith" relief to tax year 2017 filings, "there will not likely be any IRS changes to employers' reporting obligations pursuant to the President's executive order," he predicted. The bottom line: "Those who are responsible for issuing and filing 1094s and 1095s on behalf of their organizations should continue to comply with all relevant laws, regulations, reporting requirements and filing specifications during the repeal-and-replace process," said Cronin. The IRS issued Notice 2016-70  in November 2016, giving employers subject to the ACA's 2016 information-reporting requirements up to an additional 30 days to deliver these forms to employees. The notice affected upcoming deadlines for ACA information reporting as follows: The IRS extended the deadline to deliver ACA reporting forms to employees from Jan. 31 to March 2.

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