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H.R. 9499

Protecting Taxpayers from Ghost Preparers Act

Protecting Taxpayers from Ghost Preparers Act

This bill limits the amount of time the Internal Revenue Service (IRS) has to assess taxes related to fraudulent or false federal tax returns where there is no intent by the taxpayer to evade taxes. The bill also expands the types of documents for which various penalties may be imposed against tax return preparers.

As background, the IRS generally has three years from the date that a tax return is filed (statute of limitations) to assess taxes owed by the taxpayer for the tax year. However, if a false or fraudulent tax return is filed with the intent to evade tax (fraud exception), then the IRS may assess taxes at any time. In Murrin v. Commissioner the U.S. Tax Court held (and the U.S. Court of Appeals for the Third Circuit affirmed) that the fraud exception applies when a tax return preparer places false or fraudulent entries on a tax return without the taxpayer’s knowledge. In contrast, the U.S. Court of Federal Claims held in BASR Partnership v. Commissioner that the fraud exception only applies if the taxpayer intends to evade taxes.

The bill limits the fraud exception to cases in which the taxpayer intends to evade taxes.

Further, under the bill, tax return preparers may be subject to penalties related to false or fraudulent documents purporting to be federal tax returns, partnership administrative adjustment requests, or partnership adjustment tracking reports. (Currently, the penalties apply if the documents are valid submissions to the IRS.)

Received in the Senate and Read twice and referred to the Committee on Finance.

Rep. Malliotakis, Nicole [R-NY-11](R-NY)Sponsor
2committees15actions5subjects
  1. IntroReferral

    Received in the Senate and Read twice and referred to the Committee on Finance.

    Finance Committee
  2. FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  3. FloorH37300

    On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5686)

  4. Floor8000

    Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

  5. FloorH8D000

    DEBATE - The House proceeded with forty minutes of debate on H.R. 9499.

  6. FloorH30000

    Considered under suspension of the rules. (consideration: CR H5686-5687)

  7. FloorH30300

    Mr. Smith (MO) moved to suspend the rules and pass the bill, as amended.

  8. CalendarsH12410

    Placed on the Union Calendar, Calendar No. 705.

  9. CommitteeH12200

    Reported (Amended) by the Committee on Ways and Means. H. Rept. 119-806.

    Ways and Means Committee
  10. Committee5000

    Reported (Amended) by the Committee on Ways and Means. H. Rept. 119-806.

    Ways and Means Committee
  11. Committee

    Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 40 - 0.

    Ways and Means Committee
  12. Committee

    Committee Consideration and Mark-up Session Held

    Ways and Means Committee
  13. IntroReferralH11100

    Referred to the House Committee on Ways and Means.

    Ways and Means Committee
  14. IntroReferralIntro-H

    Introduced in House

  15. IntroReferral1000

    Introduced in House