Presidential Tax Filings and Audit Transparency Act of 2022
This bill requires the Internal Revenue Service (IRS) to conduct an examination to determine the correctness of a Presidential income tax return as rapidly as practicable after it is filed.
The IRS must disclose and make publicly available (on the internet) an initial report, periodic reports, and a final report on the examination of such tax returns. The final report must include the date on which the IRS examination of the return was completed, a list of audit materials, and a description of each proposed adjustment to a return and any controversy relating to its examination. This disclosure of tax return information is an exception to the general rule of confidentiality of taxpayer returns.
The bill provides criteria for approving a request for an extension of the filing of a tax return and for failing to file a return within the required time period.
The bill defines Presidential income tax return as any relevant income tax return of (1) a president while the president is in office, (2) the spouse of a president, (3) a corporation or partnership controlled by a president or a president's spouse, and (4) the estate of a president or a president's spouse.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9640 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9640
To amend the Internal Revenue Code of 1986 to provide for examination
and disclosure with respect to Presidential income tax returns.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 21, 2022
Mr. Neal (for himself, Mr. Doggett, Mr. Thompson of California, Mr.
Larson of Connecticut, Mr. Blumenauer, Mr. Kind, Mr. Pascrell, Mr.
Danny K. Davis of Illinois, Ms. DelBene, Ms. Chu, Ms. Moore of
Wisconsin, Mr. Kildee, Mr. Brendan F. Boyle of Pennsylvania, Mr. Beyer,
Mr. Evans, Mr. Suozzi, Mr. Panetta, Mrs. Murphy of Florida, Mr. Gomez,
Mr. Horsford, Ms. Plaskett, Mr. Schneider, Ms. Sanchez, Mr. Higgins of
New York, and Ms. Sewell) 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 examination
and disclosure with respect to Presidential income tax returns.
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 ``Presidential Tax Filings and Audit
Transparency Act of 2022''.
SEC. 2. EXAMINATION AND DISCLOSURE WITH RESPECT TO PRESIDENTIAL INCOME
TAX RETURNS.
(a) Audit.--Subchapter A of chapter 78 of the Internal Revenue Code
of 1986 is amended by redesignating section 7613 as section 7614 and by
inserting after section 7612 the following new section:
``SEC. 7613. EXAMINATION WITH RESPECT TO PRESIDENTIAL INCOME TAX
RETURNS.
``(a) In General.--As rapidly as practicable after the filing of
any Presidential income tax return, the Secretary shall conduct an
examination to ascertain the correctness of such return and enforce the
requirements of this title with respect to the taxable year covered by
such return.
``(b) Reports.--
``(1) Initial report.--Not later than 90 days after the
filing of a Presidential income tax return, the Secretary shall
disclose and make publicly available an initial report
regarding the examination with respect to such return. Such
report shall include--
``(A) the name of the taxpayer,
``(B) an identification of the subparagraph of
subsection (c)(1) which describes such return,
``(C) the date that such return was filed, and
``(D) the date on which the examination with
respect to such return commenced (or, if such
examination has not commenced as of the date of such
report, a detailed description of the reasons that such
examination has not commenced).
``(2) Periodic reports.--Not later than 180 days after the
disclosure of the report described in paragraph (1) with
respect to any Presidential income tax return and not later
than 180 days after the most recent disclosure of a report
described in this paragraph with respect to such return, the
Secretary shall disclose and make publicly available a periodic
report regarding the examination with respect to such return.
Such report shall include--
``(A) the information described in subparagraphs
(A) through (D) of paragraph (1),
``(B) a description of the status of the
examination, including a description of the portions of
the examination which have been completed, which are in
process, and which are anticipated to take place, and
``(C) an estimate of the time frame for the
completion of the examination, including an
identification of factors which could alter such time
frame, reasonable estimates of the likelihood of such
factors (taking into account the specific facts and
circumstances of the examination), and the likely
specific effects of such factors on such time frame.
Notwithstanding the preceding sentence, a periodic report shall
not be required under this paragraph with respect to any return
after the date on which a final report is disclosed under
paragraph (3) with respect to such return.
``(3) Final report.--Not later than 90 days after the
completion of the examination described in subsection (a) with
respect to any Presidential income tax return, the Secretary
shall disclose and make publicly available a final report
regarding such examination. Such report shall include--
``(A) the information described in subparagraphs
(A) through (C) of paragraph (1),
``(B) the date on which the examination with
respect to such return was completed,
``(C) a list of the audit materials (as defined in
section 6103(q)(2)) with respect to such examination,
and
``(D) a description (including the amount) of each
proposed adjustment, adjustment, and controversy with
respect to such examination together with a description
of how such proposed adjustment or controversy was
resolved (or a statement that such proposed adjustment
or controversy was not resolved, as the case may be).
For purposes of this paragraph, an examination shall be treated
as complete on the date that the Secretary provides the
taxpayer with a notice of deficiency, or any closing document
referred to in section 6103(q)(2)(A)(v), with respect to such
examination.
``(4) Extension of due date report.--If a request is made
for an extension of the due date for filing any Presidential
income tax return, the Secretary shall, not later than 90 days
after such request is granted or denied, disclose and make
publicly available an extension of due date report with respect
to return. Such report shall include--
``(A) the information described in subparagraphs
(A) and (B) of paragraph (1),
``(B) a statement that an extension of the due date
for the filing of such return has been requested,
``(C) the date that such request was received,
``(D) a statement of whether such request has been
granted or denied, and
``(E) the due date of such return (including any
extensions).
``(5) Treatment of failure to file.--In the case of a
failure to file a Presidential income tax return before the
close of the 60-day period beginning with the date prescribed
for filing of such return--
``(A) the Secretary shall conduct the examination
described in subsection (a) with respect to the taxable
year covered by the return to which such failure
relates,
``(B) reports made pursuant to this paragraph shall
include a statement that such report is with respect to
a return which the taxpayer failed to file, and
``(C) this section and section 6103(q) shall
otherwise apply to such failure in the same manner as
if a return were filed at the close of such period.
The application of this paragraph with respect to any failure
to file a Presidential income tax return shall not prevent the
application of this section with respect to such return at such
time as such return may be filed.
``(6) Public availability.--For purposes of this
subsection, a document shall not be treated as having been made
publicly available unless made available on the internet.
``(c) Presidential Income Tax Return.--For purposes of this
section--
``(1) In general.--The term `Presidential income tax
return' means any relevant income tax return of--
``(A) a President,
``(B) an individual who is married (within the
meaning of section 7703(a)) to a President for the
taxable year to which such return relates,
``(C) any corporation or partnership which is
controlled by any individual described in subparagraph
(A) or (B) at any time during the taxable year to which
such return relates,
``(D) the estate of any person described in (A) or
(B) or any estate with respect to which any person
described in subparagraph (A), (B), or (C) is an
executor, or beneficiary at any time during the taxable
year to which such return relates, and
``(E) any trust with respect to which any person
described in subparagraph (A), (B), (C), or (D) is a
grantor, fiduciary or beneficiary, or for which another
trust described in this subparagraph is a grantor or
beneficiary, at any time during the taxable year to
which such return relates.
Such term shall include any schedule, attachment, or other
document filed with such return.
``(2) Relevant income tax return.--The term `relevant
income tax return' means, with respect to a President, any
income tax return if--
``(A) any portion of the taxable year to which such
return relates is during the period that such President
is the President,
``(B) the due date for such return (including any
extensions) is during such period, or
``(C) such return is filed during such period.
``(3) Control.--For purposes of paragraph (1)(C)--
``(A) In general.--Except as otherwise provided in
this paragraph, control shall be determined under the
rules of paragraphs (2) and (3) of section 6038(e)
(determined without regard to subparagraphs (A) and (B)
of such paragraph (2) and without regard to
subparagraph (C) of paragraph (3) thereof).
``(B) Restriction on family attribution.--
``(i) In general.--Except as provided in
clause (ii), for purposes of applying
subparagraph (A)--
``(I) section 318 shall applied
without regard to subsection
(a)(1)(A)(ii) thereof, and
``(II) section 267(c) shall applied
by treating the family of an individual
as including only such individual's
spouse (in lieu of the application of
paragraph (4) thereof).
``(ii) Exception for recent transfer to
family members.--For purposes of determining
whether any corporation or partnership is
controlled by a President under paragraph
(1)(C) for any taxable year, clause (i) shall
not apply if such corporation or partnership
was controlled by such President (after
application of clause (i)) at any time during
the 4 immediately preceding taxable years.
``(d) Application to Amended Returns.--For purposes of this section
and section 6103(q), any amendment or supplement to a return of tax
shall be treated as a separate return of tax and the determination of
when such amendment or supplement is filed, and whether such amendment
or supplement is a relevant income tax return, shall be made without
regard to the underlying return.''.
(b) Disclosure.--Section 6103 of such Code is amended by
redesignating subsection (q) as subsection (r) and by inserting after
subsection (p) the following new subsection:
``(q) Disclosure With Respect to Presidential Income Tax Returns.--
``(1) In general.--The Secretary shall disclose and make
publicly available (within the meaning of section 7613(b))--
``(A) each Presidential income tax return (as
defined in section 7613(c)),
``(B) each report described in section 7613(b), and
``(C) any audit materials with respect a return
described in subparagraph (A).
``(2) Audit materials.--The term `audit materials' means,
with respect to any return:
``(A) Any of the following which are provided by
the Secretary to the taxpayer (or any designee of the
taxpayer):
``(i) Any written communication which
identifies such return as being subject to
examination.
``(ii) Any written communication which
proposes the adjustment of any item on such
return, any report by an examiner related to
such proposed adjustment, and any supervisory
approval of any penalty proposed as part of
such adjustment.
``(iii) Any memorandum or report of the
Internal Revenue Service Independent Office of
Appeals with respect to such return, and any
denial of any request described in subparagraph
(B).
``(iv) Any notice of deficiency with
respect to such return.
``(v) Any closing documents with respect to
the examination of such return, including any
closing agreement or no change letter.
``(B) Any request for referral to the Internal
Revenue Service Independent Office of Appeals of any
controversy with respect to such return.
``(C) Any petition filed with the Tax Court for a
redetermination of any deficiency referred to in
subparagraph (A)(iv).
``(3) Exception for certain identity information.--The
information disclosed and made publicly available under
paragraph (1) shall not include any identification number of
any person (including any social security number), any
financial account number, the name of any individual who has
not attained age 18 (as of the close of the taxable year to
which the return relates), the name of any employee of the
Department of the Treasury, or any address (other than the city
and State in which such address is located).
``(4) Timing of disclosures.--Any information required to
be disclosed under paragraph (1) shall be disclosed and made
publicly available not later than--
``(A) in the case of any income tax return referred
to in paragraph (1)(A), 90 days after the date that
such return is filed,
``(B) in the case of any report referred to in
paragraph (1)(B), the deadline specified in section
7613(b) for disclosing such report, and
``(C) in the case of the audit materials referred
to in paragraph (1)(C), 90 days after the completion of
the examination (within the meaning of section
7613(b)(3)) with respect to the return to which such
audit materials relate.''.
(c) Clerical Amendment.--Subchapter A of chapter 78 of such Code is
amended by redesignating the item relating to section 7613 as an item
relating to section 7614 and by inserting after the item relating to
section 7612 the following new item:
``Sec. 7613. Examination with respect to Presidential income tax
returns.''.
(d) Effective Date.--The amendments made by this subsection shall
apply to returns, amendments, and supplements filed (and failures to
file returns which occur) after the date of the enactment of this Act
(and to reports and audit materials with respect to such returns,
amendments, supplements, and failures).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Rules Committee Resolution H. Res. 1529 Reported to House. Rule provides for consideration of H.R. 9640 and S. 1942. Measure will be considered read. Bill is closed to amendments. Rule provides for one hour of debate on each measure. Also provides for a motion to recommit H.R. 9640 and a motion to commit S. 1942. H. Res. 693 and H. Res. 1434 are adopted. Provides for the Majority Leader or a designee that the House suspend the rules as though under clause 1 of rule XV with respect to multile measures.
Considered under the provisions of rule H. Res. 1529. (consideration: CR H9990-10002)
Rule provides for consideration of H.R. 9640 and S. 1942. Measure will be considered read. Bill is closed to amendments. Rule provides for one hour of debate on each measure. Also provides for a motion to recommit H.R. 9640 and a motion to commit S. 1942. H. Res. 693 and H. Res. 1434 are adopted. Provides for the Majority Leader or a designee that the House suspend the rules as though under clause 1 of rule XV with respect to multile measures.
DEBATE - The House proceeded with one hour of debate on H.R. 9640.
DEBATE - The House continued with debate on H.R. 9640.
The previous question was ordered pursuant to the rule.
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POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 9640, the Chair put the question on passage and by voice vote, announced that the ayes had prevailed. Mr. Brady demanded the yeas and nays and the Chair postponed further proceedings on passage until a time to be announced.
Considered as unfinished business. (consideration: CR H10029-10030)
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 222 - 201 (Roll no. 539).
Roll Call #539 (House)On passage Passed by the Yeas and Nays: 222 - 201 (Roll no. 539). (text: CR H9990-9992)
Roll Call #539 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.