Learn more about IRS suspending notices and the proposed change to affordability for family coverage.
IRS SUSPENDS NOTICES TO DELINQUENT FILERS OF SOME RETURNS
On March 22, 2022, the IRS announced it
will temporarily stop sending written
notices to certain entities that fall behind
on filing obligations related to Forms 5500,
990 and others. The IRS usually mails these
notices to tax-exempt or governmental
entities in case of a delinquent return. The
suspension does not relieve entities of any
filing deadlines or obligations.
The IRS is currently experiencing a backlog
of several million unprocessed returns due
to the COVID-19 pandemic. This backlog
involves returns filed by both individuals
and entities. According to the IRS, the
suspension will help avoid confusion when
a filing is still in process.
Duration of Notice Suspension
The IRS will continue to assess its inventory
of pending returns to determine when to
resume mailing the suspended notices.
Meanwhile, some taxpayers and tax
professionals may still receive the notices
over the next several weeks.
Affected Notices
The suspension applies to these notices:
• Reminder Notice About Your Form 5500-
EZ or 5500-SF Filing Requirement
• Form 940 Not Required—Federal, State
and Local Government Agencies
• First Taxpayer Delinquency Investigation
Notice—Forms 990/990EZ/990N, 990PF,
990T, 5227, 1120-POL and 990/990EZ
• First Delinquency Notice—Forms 5500
and 5500-SF
• Second Delinquency Notice—Form 5500
Entities affected by the suspension should
ensure their procedures for timely filing
returns do not rely on any of these notices
PROPOSED CHANGE TO AFFORDABILITY FO FAMILY COVERAGE
On April 5, 2022, the IRS issued a proposed
rule that would change existing rules for
premium tax credit (PTC) eligibility. The PTC
is available to eligible individuals who
purchase health coverage through the
Exchange. Individuals who have access to
affordable, minimum value employer
coverage are not eligible for the PTC.
Overview of the Proposed Rule
Currently, the affordability of employer
coverage for family members is determined
based on the lowest-cost self-only coverage
available to the employee. The cost of
family coverage is not taken into account.
These rules apply for determining eligibility
for the PTC and for purposes of the
employer shared responsibility rules.
The proposed rule would provide that an
employer-sponsored plan is affordable for
family members if the portion of the
premium the employee must pay for
family coverage
does not exceed 9.5% (as
adjusted) of their household income. Family
coverage includes all employer plans that
cover any individuals related to an
employee. The proposal would also add a
minimum value rule for family members.
Impact of the Proposed Rule
If this rule is finalized, the change would
likely mean more individuals will be newly
eligible for the PTC for coverage purchased
through the Exchange. The proposal would
not affect affordability for employees. Thus,
an employee’s family member may have an
offer of unaffordable employer coverage,
even if the employee has an affordable
offer of self-only coverage.
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