Missed the ACA Deadline? Find out what to do now.

Robyn Carlini • April 18, 2023

Missed the ACA Deadline? Find out what to do now.


ACA forms were due to the IRS by March 31, 2023, if filed electronically. Penalties for filing late can increase over time, however, failing to file at all will result in severe penalties. Moreover, if the IRS finds that failing to file was an intentional disregard, penalties are increased exponentially.
If an organization files within 30 days of the deadline, the penalty for late filing will be reduced by the IRS from $280 to $50 with the total capped at $571,000.

Filing after 30 days past the deadline but before August 1 will result in a penalty of $110 per return, with a maximum of $1,713,000.


Organizations had until the filing deadline on March 31st  to submit Form 8809 and obtain a 30-day extension automatically. Nevertheless, if the deadline has passed, filing late is still preferable to not filing at all, as it will incur a lower penalty.



There is no “good faith effort” relief for failing to file in a timely manner.


The IRS is actively pursuing Applicable Large Employers (ALEs) who failed to file their Forms 1094-C or 1095-Cs in tax years 2015 – present (Letter 5699) and ALEs (or non-ALEs with self-funded plans) who failed to timely file Forms 1094 or 1095, had incomplete or inaccurate information in their Forms 1094 or 1095, or failed to electronically file their forms 1094 and 1095 (if they have more than 250 employees). 



The IRS has stated that penalties for noncompliance with the Employer Shared Responsibility Tax have no statute of limitations on when the IRS can impose them. This means that employers are never “safe” or “out of the woods” from receiving penalty letters, even from the very first reporting season, which happened in the spring of 2016. 


SyncStream is experienced with clients that need to file late or for any past year.



About SyncStream

SyncStream removes the burden of ACA compliance and reduces your company’s risk of high IRS fines and penalties. Subject matter experts utilize SyncStream’s user-friendly compliance software to track employee hours, auto-populate forms, audit forms, and e-file for thousands of ALEs.


SyncStream can help simplify the process with their Full Service Total ACA solution, which includes tracking employee hours, auto-populating forms, auditing forms, and e-filing for thousands of ALEs. Don't risk high IRS fines and penalties; trust SyncStream to handle your ACA compliance needs.



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