138 STAT. 2586 PUBLIC LAW 118–168—DEC. 23, 2024 Public Law 118–168 118th Congress An Act To amend the Internal Revenue Code of 1986 to streamline and improve the employer reporting process relating to health insurance coverage and to protect dependent privacy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Employer Reporting Improvement Act’’. SEC. 2. TIN REPORTING FLEXIBILITY. (a) IN GENERAL.—Section 6055(b)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: ‘‘For purposes of subparagraph (B)(i), in the case of any indi- vidual whose name is required to be set forth in a return under subsection (a), if the person required to make a return under such subsection is unable to collect information on the TINs of such individuals, the Secretary may allow the individ- ual’s full name and date of birth to be substituted for the name and TIN.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to returns the due date for which is after December 31, 2024. SEC. 3. ELECTRONIC STATEMENTS. (a) IN GENERAL.—Section 6056(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new para- graph: ‘‘(3) ELECTRONIC DELIVERY.—An individual shall be deemed to have consented to receive the statement under this sub- section in electronic form if such individual has affirmatively consented at any prior time, to the person who is the employer of the individual during the calendar year to which the state- ment relates, to receive such statement in electronic form. The preceding sentence shall not apply if the individual revokes such consent in writing.’’. (b) STATEMENTS RELATING TO HEALTH INSURANCE COVERAGE.— Section 6055(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ‘‘(3) ELECTRONIC DELIVERY.—An individual shall be deemed to have consented to receive the statement under this sub- section in electronic form if such individual has affirmatively consented at any prior time, to the person required to make Time period. 26 USC 6055 note. 26 USC 6055. 26 USC 1 note. Employer Reporting Improvement Act. Taxes. Dec. 23, 2024 [H.R. 3801] VerDate Sep 11 2014 01:14 Jan 17, 2025 Jkt 059139 PO 00168 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL168.118 PUBL168 kcroghan on LAP5R21GR3PROD with PUBLAWS 138 STAT. 2587 PUBLIC LAW 118–168—DEC. 23, 2024 LEGISLATIVE HISTORY—H.R. 3801: HOUSE REPORTS: No. 118–111 (Comm. on Ways and Means). CONGRESSIONAL RECORD: Vol. 169 (2023): June 21, considered and passed House. Vol. 170 (2024): Dec. 10, considered and passed Senate. Æ such statement, to receive such statement in electronic form. The preceding sentence shall not apply if the individual revokes such consent in writing.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to statements the due date for which is after December 31, 2024. SEC. 4. TIME FOR RESPONSE. (a) IN GENERAL.—Section 4980H(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ‘‘(4) TIME FOR RESPONSE.—The Secretary shall allow an applicable large employer at least 90 days from the date of the first letter which informs the employer of a proposed assess- ment of the employer shared responsibility payment under this section to respond to the proposed assessment before taking any further action with respect to such proposed assessment.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to assessments proposed in taxable years beginning after the date of the enactment of this Act. SEC. 5. STATUTE OF LIMITATIONS ON PENALTY ASSESSMENT. (a) IN GENERAL.—Section 6501 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new sub- section: ‘‘(n) ASSESSABLE PAYMENT OF EMPLOYER SHARED RESPONSI- BILITY.—In the case of any assessable payment under section 4980H, the period for assessment shall expire at the end of the 6-year period beginning on the due date for filing the return under section 6056 (or, if later, the date such return was filed) for the calendar year with respect to which such payment is determined.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply with respect to returns which are due after December 31, 2024. Approved December 23, 2024. 26 USC 6501 note. Expiration date. Time period. 26 USC 4980H note. Assessment. 26 USC 4980H. 26 USC 6055 note. VerDate Sep 11 2014 01:14 Jan 17, 2025 Jkt 059139 PO 00168 Frm 00002 Fmt 6580 Sfmt 6580 E:\PUBLAW\PUBL168.118 PUBL168 kcroghan on LAP5R21GR3PROD with PUBLAWS