Amends the Internal Revenue Code to allow a state, on behalf of a local government, to submit to the Secretary of the Treasury notice of a past-due, legally enforceable local tax obligation for offset against a taxpayer's tax refund. Defines "past-due, legally enforceable local tax obligation" as any debt which: (1) resulted from a judgment determining an amount of tax due to a local government; (2) is no longer subject to judicial review; or (3) resulted from a tax imposed by a local government which has been assessed but not collected, the time for redetermination of which has expired, and which has not been delinquent for more than 10 years.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2716 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2716
To amend the Internal Revenue Code of 1986 to provide for offsetting
certain past-due local tax debts against income tax overpayments.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 17, 2013
Mr. Moran introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to provide for offsetting
certain past-due local tax debts against income tax overpayments.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. OFFSETTING PAST-DUE, LEGALLY ENFORCEABLE LOCAL TAX
OBLIGATIONS.
(a) In General.--Subsection (e) of section 6402 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(8) Past-due, legally enforceable local tax
obligations.--
``(A) In general.--A State may, on behalf of a
local government located within the State, submit a
notice of past-due, legally enforceable local tax
obligation for offset under this subsection.
``(B) Special rules.--Such submission and offset
shall be made with respect to any past-due, legally
enforceable local tax obligation under rules similar to
the rules of this subsection, except--
``(i) under paragraph (3)(A), any reduction
attributable to a past-due, legally enforceable
local tax obligation shall be made (in addition
to reductions specified in such subparagraph)
after the overpayment is reduced pursuant to--
``(I) this subsection with respect
to any past-due, legally enforceable
State income tax obligation; and
``(II) subsection (f) with respect
to any covered unemployment
compensation debt; and
``(ii) the local government on whose behalf
a State is submitting shall certify to the
State that the requirements of paragraph (4)
have been met by the local government.
``(C) Past-due, legally enforceable local tax
obligation.--For purposes of this subsection, the term
`past-due, legally enforceable local tax obligation'
means any debt--
``(i)(I) which resulted from a judgment
rendered by a court of competent jurisdiction,
or a determination after an administrative
hearing, which has determined an amount of tax
to be due to a local government; and
``(II) which is no longer subject to
judicial review; or
``(ii) which resulted from a tax imposed by
a local government which has been assessed but
not collected, the time for redetermination of
which has expired, and which has not been
delinquent for more than 10 years.
Such term shall not include any local income tax
described in the second sentence of paragraph (5).
``(D) Regulations.--The Secretary shall issue such
regulations, and modify any such regulations under
paragraph (6), as may be necessary to carry out the
purposes of this paragraph.''.
(b) Effective Date.--The amendments made by this section shall
apply to refunds payable after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1073-1074)
Referred to the House Committee on Ways and Means.
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