S. 5441

TAS Act

Sponsor: Mike Crapo · 0 cosponsors

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I Tax Administration and Customer Service

II American Citizens Abroad

III Judicial Review

IV Office of the Taxpayer Advocate

V Tax Return Preparers

VI Appeals

VII Whistleblowers

VIII Hostages

IX Small Businesses

Sec. 902. Extension of mailbox rule to electronic submissions and payments

(a) In general. Section 7502(c) is amended—

(1) in the heading, by inserting and payment after filing,

(2) in paragraph (2)—

(A) in the heading, by striking ; electronic filing, and

(B) by striking and electronic filing, and

(3) by adding at the end the following:

Text this section adds to the law

(3) Electronic filing and payment

(A) In general. In the case of any document or payment which the Secretary has permitted to be filed or made by electronic means, if such document or payment is— the date that such document or payment was authorized to be submitted (as described in clause (i)) shall be deemed to be the date that such document was filed or such payment was made.

(i) authorized to be submitted by the taxpayer using a permitted electronic means to the agency, officer, or office to which the document was required to be filed (or payment was required to be made) on or before the prescribed date (or within the period required) with respect to such document or payment, and

(ii) received (or, in the case of a payment, received and accounted for) no later than 3 business days after the prescribed date or period required with respect to such document or payment,

(B) Exception. This paragraph shall not apply to any payment if the Secretary determines that the taxpayer (or any intermediary used by the taxpayer) used a system designed with a principal purpose of delaying the transfer of funds to the Treasury to derive economic benefit from the period of such delay.

(C) Regulations. Not later than the date which is 1 year after the date of enactment of the Taxpayer Assistance and Service Act, the Secretary shall issue such regulations or other guidance as the Secretary determines necessary to carry out the purposes of this paragraph, including regulations or other guidance describing the records or proof sufficient to demonstrate timely electronic submission.

(b) Effective date. The amendments made by subsection (a) shall apply to any document or payment sent on or after the date which is 1 year after the date of enactment of this Act.

X Miscellaneous