Use this HR calendar to keep track of important compliance tasks for 2023. This calendar includes a month-by-month summary of key compliance deadlines and helpful reminders for compliance tasks to complete throughout the year. It also describes compliance tasks that are dynamic, which only occur when certain events happen, to help you anticipate those deadlines.
January 2023
File and furnish Forms W-2
File Forms W-2 with the Social Security Administration by Jan. 31, 2023. Companies may request a 30-day filing extension by using Form 8809, but extensions will only be granted in limited cases for extraordinary circumstances or catastro- phes. Forms W-2 must also be furnished to employees on or before Jan. 31, 2023.
File and furnish Forms 1099-NEC; Nonemployee Compensation File Forms
File Forms 1099-NEC with the IRS by Jan. 31, 2023, if your company made payments totaling $600 or more for services performed by nonemployees, such as independent contractors, in 2022. A 30-day filing extension may be requested by using Form 8809, but extensions will only be granted in limited cases for extraordinary circumstances or catastrophes. Companies must also furnish statements to the nonemployees on or before Jan. 31, 2023.
File Form 941, Employer’s Quarterly Federal Tax Return
File Form 941 with the IRS by Jan. 31, 2023, to report the federal income tax, social security tax and Medicare tax you withheld from your employees’ pay during the fourth quarter of 2022 (October, November and December). Companies that timely deposited all taxes when due have 10 additional calendar days to file Form 941, or until Feb. 10, 2023.
File Form 940, Employer’s Annual Federal Unemployment (FUTA) Tax Return
File Form 940 with the IRS by Jan. 31, 2023, to report taxable FUTA wages paid in 2022. However, if your company deposited all its FUTA tax when it was due, the filing deadline is extended to Feb. 10, 2023.
February 2023
Post OSHA Form 300A (Summary of Work-related Injuries and Illnesses)
Post OSHA Form 300A by Feb. 1, 2023, in an area in the work- place where employee notices are customarily posted. This form, which summarizes workplace data from 2022, must remain on display until April 30, 2023. This requirement does not apply to companies with 10 or fewer employees or to employers who are in a partially exempt industry.
Forms W-4 that claim exemption from withholding for 2022 expire
Request a new Form W-4 from any employee who claimed an exemption from income tax withholding last year and wants to claim the exemption again for 2023. If the employee doesn’t give you a new Form W-4, withhold tax as if the employee is single or married and filing separately without any allowances.
File ACA Forms 1094-C and 1095-C (paper filing deadline)
File Forms 1094-C and 1095-C with the IRS by Feb. 28, 2023, if your company is an applicable large employer (ALE) under the Affordable Care Act (ACA). This deadline only applies if your company files paper versions of these forms; the dead- line for electronic filing is March 31, 2023. To qualify as an ALE, an employer must employ, on average, at least 50 full- time employees, including full-time equivalent employees, on business days during the preceding calendar year. Employers may request an automatic 30-day extension by filing Form 8809 by the filing due date.
File ACA Forms 1094-B and 1095-B (paper filing deadline)
File Forms 1094-B and 1095-B with the IRS by Feb. 28, 2023, if your company is a non-ALE that sponsors a self-insured health plan. This deadline only applies if your company files paper versions of these forms; the deadline for electronic filing is March 31, 2023. Employers may request an automatic 30-day extension by filing Form 8809 by the filing due date.
March 2023
Submit the Medicare Part D disclosure to CMS (calendar year plans only)
Submit an online form to the Centers for Medicare and Medic- aid Services (CMS) indicating whether your health plan’s prescription drug coverage is creditable or noncreditable. The deadline for submitting this annual disclosure is 60 days after the beginning of the plan year.
File Form M-1 for MEWAs
Administrators of multiple employer welfare arrangements (MEWAs) that offer medical benefits must electronically file Form M-1 with the U.S. Department of Labor (DOL) each year by March 1. In general, MEWAs are arrangements that offer benefits to the employees of two or more different employers, including association health plans. A 60-day automatic extension may be requested by the filing deadline.
Furnish ACA Form 1095-C to full-time employees
Furnish Form 1095-C to full-time employees by March 2, 2023, if your company is an ALE. These statements were required to be provided on or before Jan. 31; however, the IRS extended this deadline by 30 days. With the extension, the deadline is March 2, 2023.
Provide ACA Form 1095-B to employees enrolled in health plan
Furnish Form 1095-B to enrolled employees by March 2, 2023, if your company is a non-ALE with a self-insured health plan. These statements were required to be provided on or before Jan. 31; however, the IRS extended this deadline by 30 days. With the extension, the deadline is March 2, 2023.
Submit Electronic Reports to OSHA
Submit OSHA Form 300A by March 2, 2023, for establishments with at least 250 employees that are required to create and maintain OSHA records. Establishments with 20-249 employees in certain high-hazard industries must also submit this data by March 2, 2023. Companies use OSHA’s Injury Tracking Application to submit their reports.
File ACA Forms 1094-C and 1095-C (electronic filing deadline)
File Forms 1094-C and 1095-C with the IRS by March 31, 2023, if your company is an ALE. This deadline only applies if your company uses electronic filing; the deadline for paper filing is Feb. 28, 2023. Electronic filing is required for employers who are filing 250 or more returns. Employers may request an automatic 30-day extension by filing Form 8809 by the filing due date.
File ACA Forms 1094-B and 1095-B (electronic filing deadline)
File Forms 1094-B and 1095-B with the IRS by March 31, 2023, if your company is a non-ALE that sponsors a self-insured health plan. This deadline only applies if your company uses electronic filing; the deadline for paper filing is Feb. 28, 2023. Electronic filing is required for employers who are filing 250 or more returns. Employers may request an automatic 30-day extension by filing Form 8809 by the filing due date.
April 2023
Remove OSHA Form 300A (Summary of Work-related Injuries and Illnesses)
Remove your company’s OSHA Form 300A posting at any time on or after April 30, 2023. This form, which summarizes work- place data from 2022, must be posted from Feb. 1, 2023, until April 30, 2023. This posting requirement does not apply to companies with 10 or fewer employees or to employers who are in a partially exempt industry.
File EEO-1 report with the EEOC
Private sector employers with 100 or more employees and federal contractors with 50 or more employees meeting certain criteria must submit demographic workforce data to the Equal Employment Opportunity Commission (EEOC) each year as part of the EEO-1 data collection. In general, these reports are due by March 31 each year. However, according to the EEOC, the collection for 2022 data is tentatively scheduled to open in April 2023.
May 2023
File Form 941, Employer’s Quarterly Federal Tax Return
File Form 941 with the IRS by May 1, 2023, to report the federal income tax, social security tax and Medicare tax you withheld from your employees’ pay during the first quarter of 2023 (January, February and March). Because the normal filing deadline (April 30, 2023) falls on a Sunday, returns can be filed on the next business day, May 1, 2023. Companies that timely deposited all taxes when due have 10 additional calendar days to file Form 941, or until May 10, 2023.
June 2023
Submit your health plan’s prescription drug data collection report
Confirm that your health plan’s annual prescription drug data collection report is submitted to CMS by June 1, 2023. A new transparency provision requires employer-sponsored health plans and health insurance issuers to annually report information about prescription drug spending to the federal government. This reporting process is referred to as the “prescription drug data collection” (or “RxDC report”). Most employers will rely on third parties, such as issuers, third-party administrators or pharmacy benefit managers, to prepare and submit the RxDC report for their health plans.
July 2023
File Form 941, Employer’s Quarterly Federal Tax Return
File Form 941 with the IRS by July 31, 2023, to report the federal income tax, Social Security tax and Medicare tax you withheld from your employees’ pay during the second quarter of 2023 (April, May and June). Companies that timely deposited all taxes when due have 10 additional calendar days to file Form 941, or until Aug. 10, 2023.
Report and pay PCORI fees (self-insured health plans only)
Report and pay fees to fund the Patient-Centered Outcomes Research Institute (PCORI) by July 31, 2023, if you have a self-insured health plan. Employers use IRS Form 720 to report and pay PCORI fees. PCORI fees for plan years ending in 2022 are due by July 31, 2023.
File Form 5500 for the 2022 plan year (calendar year plans only )
File Form 5500 with the DOL by July 31, 2023, for your Employee Retirement Income Security Act (ERISA)-covered employee benefit plans that operate in the calendar year unless a reporting exemption applies. Form 5500 must be filed by the last day of the seventh month following the end of the plan year. For calendar-year plans, this deadline is July 31. An automatic extension of 2.5 months may be requested by filing IRS Form 5558 by the due date.
September 2023
Provide SAR to plan participants (calendar year plans only), if Form 5500 deadline was not extended
Provide a summary annual report (SAR) to plan participants by Sept. 30, 2023, if the employee benefit plan’s Form 5500 deadline was not extended. The SAR must be provided within nine months of the close of the plan year unless the plan’s Form 5500 deadline was extended. Plans exempt from the annual 5500 filing requirement are not required to provide an SAR. Unfunded welfare plans are also generally exempt from the SAR requirement.
Watch for MLR rebates (fully insured health plans only)
Employers with insured health plans might receive rebates if their issuers did not meet their medical loss ratio (MLR) percentage. Rebates must be provided by Sept. 30 following the end of the MLR reporting year. Employers who receive rebates should consider their legal options for using the rebate. Any rebate amount that qualifies as a plan asset under ERISA must be used for the exclusive benefit of the plan’s participants and beneficiaries. Also, as a general rule, plan sponsors should use the rebate within three months of receiving it to avoid ERISA’s trust requirements.
October 2023
Provide ICHRA notice for 2024 plan year (calendar year plans only)
Employers who offer individual coverage health reimbursement arrangements (ICHRAs) must provide a notice to eligible employees regarding the ICHRA’s coverage. This notice must be provided at least 90 days before the beginning of each plan year. For ICHRAs that operate on a calendar year basis, this notice must be provided by Oct. 3, 2023, for the upcoming 2024 plan year. A model notice is available for employers to use.
Provide QSEHRA notice for the 2024 plan year (calendar year plans only)
Employers who offer qualified small employer health reimbursement arrangements (QSEHRAs) must provide a notice to eligible employees regarding the QSEHRA’s coverage. This notice must be provided at least 90 days before the beginning of each plan year. For QSEHRAs that operate on a calendar year basis, this notice must be provided by Oct. 3, 2023, for the upcoming 2024 plan year.
Apply to CMS for the retiree drug subsidy (calendar year plans only)
The retiree drug subsidy (RDS) is available to certain employers who sponsor group health plans covering retirees who are entitled to enroll in Medicare Part D but elect not to do so. To participate in the RDS program, eligible employers must submit an application to CMS prior to the beginning of the plan year by a date specified by CMS (usually no later than 90 days prior to the beginning of the plan year). The deadline is Oct. 3, 2023, for plan years beginning on Jan. 1, 2024. This deadline may be extended to Nov. 2, 2023, if CMS grants an extension.
Provide Medicare Part D notices to plan participants
Notify Medicare Part D eligible individuals by Oct. 14, 2023, about whether the health plan’s prescription drug coverage is creditable or noncreditable. CMS has model notices that employers may use.
File Form 5500 for the 2022 plan year (calendar year plans only) – Form 5500 deadline was extended
File Form 5500 with the DOL by Oct. 16, 2023, if you applied for the automatic 2.5-month filing extension. The extended filing deadline for a calendar year plan is Oct. 15, 2023; however, because this due date falls on a Sunday, the return may be filed on Monday, Oct. 16, 2023.
File Form 941, Employer’s Quarterly Federal Tax Return
File Form 941 with the IRS by Oct. 31, 2023, to report the federal income tax, Social Security tax and Medicare tax you withheld from your employees’ pay during the third quarter of 2023 (July, August and September). Employers that timely deposited all taxes when due have 10 additional calendar days to file Form 941, or until Nov. 10, 2023.
