“In the final days of 2018, the agency started issuing notices to assess penalties against employers that failed to file Forms 1094-C and 1095-C with the IRS or to furnish 1095-C forms to employees under IRC Sections 6721 and 6722 for the 2015 or 2016 tax year.
These penalties are separate from the IRC Section 4980H penalties for failing to offer the required healthcare coverage.
It appears the IRS is calculating these IRC 6721 and 6722 penalty assessments for certain employers based on the number of W-2s the employers filed with the IRS. These IRC 6721/6722 penalty assessments are proposed using Letter 5005-A and Form 886-A.”
More Info: https://www.accountingtoday.com/opinion/the-irs-is-issuing-new-aca-penalties-against-employers