2022 is off and running. Below are some critical dates that every employer should be aware of. All employers should confer with their CPA, Attorney and/or Financial Advisor in order to ensure they are in compliance.
March 2022 HR Compliance Deadlines
- March 1st – HIPAA Breach Employee Notification
The HIPAA Breach Notification rule requires HIPAA covered entities and their business associates to provide notification after a breach of unsecured protected health information. Notifications must be submitted to the Secretary. - March 1st – Form 8809 Paper Filing Deadline
IRS Form 8809: Request an extension of the due date to file federal tax forms including the W-2, W-2G, 1042-S, and 1094-C. - March 1st – Form M-1 Filing Deadline
Form M-1: Report information regarding a multiple employer welfare arrangement (MEWA) and any entity claiming exception (ECE). - March 2nd – Electronically submit OSHA Form 300A
- March 2nd – Creditable Coverage Disclosure to CMS (for calendar year plans)
Entities that provide prescription drug coverage for self-administered drugs to Medicare Part D eligible individuals must report to CMS whether the coverage is “creditable prescription drug coverage.” The disclosure is required regardless of whether the entity’s coverage is primary or secondary to Medicare. - March 8th – S Corp (Form 1120-S) and Partnership (Form 1065) Tax Returns due
Form 1120-S: U.S. Income Tax Return for an S Corporation, used to report the income, losses, and dividends of S corp shareholders.
Form 1065: U.S. Return of Partnership Income, used to declare profits, losses, deductions, and credits of a business partnership. - March 31st – Form 1099-MISC due if reporting NEC in box 7
- March 31st – Deadline to file Form 1099s electronically
- March 31st – Deadline to file Form 1094-C & 1095-C & 1099-MISC without NEC to IRS electronically
- March 31st – Form 8809 E-filing deadline
- March 31st – EEO-1 Reporting and Filing Deadline
EEO-1: Mandatory yearly data collection requiring all private sector employers with 100+ employees, and federal contractors with 50+ employees meeting certain criteria to submit demographic workforce data, including race/ethnicity, sex, and job category data.
April 2022 HR Compliance Deadlines
- April 15th – Tax Day (filing deadline for personal tax returns & C corporations)
Tax Day: Day in which income tax returns are due to be submitted to the federal government. - April 15th – Forms 7004 and 8928 Filing Deadline
IRS Form 7004: Request an automatic six-month extension of time to file certain business income tax, information, and other returns.
IRS Form 8928: Employer self report COBRA administration compliance failures. - April 30th – Quarterly Form 941 & 720 due
- April 30th – Summary Plan Description (SPD)
SPD: Documentation employers must give employees in retirement plans or health benefit plans covered by the Employee Retirement Income Security Act of 1974 (ERISA).
May 2022 HR Compliance Deadlines
- May 15th – Non-Profit Tax Returns due, including Form 990
IRS Form 990: Report activities annually for organizations exempt from income tax.
June 2022 HR Compliance Deadlines
- No key compliance dates
July 2022 HR Compliance Deadlines
- July 31st – Quarterly Form 941 & 720 due
- July 31st – Forms 5500 and 5558 Filing Deadline (for calendar year plans)
IRS Form 5500: Report information about a 401(k) plan’s financial condition, investments and operation to ensure compliance with government regulations.
IRS Form 5558: Request for extension of 2 ½ months for additional time to file employee plan returns. - July 31st – Compliance check
This is time to review benefits notices, or issued as required.
August 2022 HR Compliance Deadlines
- No key compliance dates
September 2022 HR Compliance Deadlines
- September 30th – SAR Furnish to covered participants deadline
Summary Annual Report (SAR): Summarize for employees information that appears in an ERISA plan’s Form 5500. Admin must furnish SARs within nine months after the end of the plan year.
October 2022 HR Compliance Deadlines
- October 3rd – QSEHRA Notice Deadline (for QSEHRAs that begin January 1, 2023)
Qualified Small Employer Health Reimbursement Arrangement (QSEHRA): health cost reimbursement plan that can be offered by SMB employers. - October 3rd – RDS Application Due to CMS (for plan years beginning in January 1, 2023)
Retiree Drug Subsidy (RDS): One of several options available under Medicare that helps employers continue to assist Medicare eligible retirees in obtaining more generous drug coverage. - October 14th – Medicare Part D Notice of Creditable Coverage delivered to plan participants
- October 31st – Quarterly Form 941 & 720 due
November 2022 HR Compliance Deadlines
- November 1st – Remind employees to submit FSA Receipts before EOY
If employees incur covered expenses in their Flexible Spending Account plan year, they’ll be able to submit these for reimbursement. Send them a reminder to submit any receipts and supporting documentation as the year-end deadline approaches.
December 2022 HR Compliance Deadlines
- December 31st – Nondiscrimination testing, 401K plans, 125 Premium Only Plans (POP), and flexible spending account (FSA) nondiscrimination testing (if on calendar plan year)
- December 31st – Review employee handbooks, distribute 2023 calendar
As a general rule of thumb, December is a great time to review annual documents to be sent to employees, like handbooks, updated workplace policies, and distribute the holiday calendar for the next year.
Conclusion
All HR professionals should have the above referenced dates on their radar. Using a comprehensive compliance calendar as a guideline can help HR pros stay on top of important deadlines and support compliance.
Author(s)
Stuart J. Oberman, Esq.
Stuart J. Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 30 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company.
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