113 HR 901 IH: Tax Return Due Date Simplification and Modernization Act of 2013
U.S. House of Representatives
2013-02-28
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.
(a)This Act may be cited as the Tax Return Due Date Simplification and Modernization Act
of 2013
.
(b)Except
as otherwise expressly provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
2.New due date for
partnership form 1065, S corporation form 1120s, and C corporation form
1120
(a)
(1)Section 6072 is amended by adding at the end the
following new subsection:
(f)Returns of partnerships under section 6031 made on
the basis of the calendar year shall be filed on or before the 15th day of
March following the close of the calendar year, and such returns made on the
basis of a fiscal year shall be filed on or before the 15th day of the third
month following the close of the fiscal
year.
.
(2)Section 6072(a) is amended by striking 6017, or
6031
and inserting or 6017
.
(b)
(1)So much of subsection (b) of section 6072 as precedes the
second sentence thereof is amended to read as follows:
(b)Returns of
certain corporationsReturns of S corporations under sections
6012 and 6037 made on the basis of the calendar year shall be filed on or
before the 31st day of March following the close of the calendar year, and such
returns made on the basis of a fiscal year shall be filed on or before the last
day of the third month following the close of the fiscal
year.
.
(2)
(A)Section 1362(b) is
amended—
(i)by
striking 15th
each place it appears and inserting
last
,
(ii)by
striking 2½
each place it appears and
inserting 3
, and
(iii)by
striking 2 months and 15 days
in paragraph (4) and inserting
3 months
.
(B)Section
1362(d)(1)(C)(i) is amended by striking 15th
and inserting
last
.
(C)Section
1362(d)(1)(C)(ii) is amended by striking such 15th day
and
inserting the last day of the 3d month thereof
.
(c)Conforming
amendments relating to c corporations
(1)Section
170(a)(2)(B) is amended by striking third month
and inserting
4th month
.
(2)Section 563 is
amended by striking third month
each place it appears and
inserting 4th month
.
(3)Section
1354(d)(1)(B)(i) is amended by striking 3d month
and inserting
4th month
.
(4)Subsection (a) and
(c) of section 6167 are each amended by striking third month
and
inserting 4th month
.
(5)Section 6425(a)(1)
is amended by striking third month
and inserting 4th
month
.
(6)Subsections
(b)(2)(A), (g)(3), and (h)(1) of section 6655 are each amended by striking
3rd month
and inserting 4th month
.
(d)The amendments made by this section shall apply to returns
for taxable years beginning after December 31, 2013.
3.Modification of
due dates by regulationIn the
case of returns for taxable years beginning after December 31, 2013, the
Secretary of the Treasury or the Secretary’s delegate shall modify appropriate
regulations to provide as follows:
(1)The maximum
extension for the returns of partnerships filing Form 1065 shall be a 6-month
period ending after the date prescribed for filing the return.
(2)The maximum
extension for the returns of trusts and estates filing Form 1041 shall be a
5½-month period ending after the date prescribed for
filing the return.
(3)The maximum
extension for the returns of employee benefit plans filing Form 5500 shall be
an automatic 3½-month period ending after the date
prescribed for filing the return.
(4)The maximum
extension for the Forms 990 (series) returns of organizations exempt from
income tax filing shall be an automatic 6-month period ending after the date
prescribed for filing the return.
(5)The maximum
extension for the returns of organizations exempt from income tax filing that
are required to file Form 4720 returns of excise taxes shall be an automatic
6-month period ending after the date prescribed for filing the return.
(6)The maximum
extension for the returns of trusts required to file Form 5227 shall be an
automatic 6-month period ending after the date prescribed for filing the
return.
(7)The maximum
extension for the returns of Black Lung Benefit Trusts required to file Form
6069 for excise taxes shall be an automatic 6- month period ending after the
date prescribed for filing the return.
(8)The maximum
extension for a taxpayer required to file Form 8870 shall be an automatic
6-month period ending after the date prescribed for filing the return.
(9)The due date of
Form 3520–A, Annual Information Return of a Foreign Trust with a U.S. Owner,
shall be the 15th day of the fourth month after the close of the trust’s tax
year with a maximum extension of a 6-month period ending after the date
prescribed for filing the return.
(10)The due date of
Form TD F 90–22.1 (relating to Report of Foreign Bank and Financial Accounts)
shall be April 15 with a maximum extension for a 6-month period ending on
October 15 and with provision for an extension under rules similar to the rules
in Treas. Reg. section 1.6081–5. For any taxpayer required to file such Form
for the first time, any penalty for failure to timely request for, or file, an
extension, may be waived by the Secretary.
(11)Taxpayers filing
Form 3520, Annual Return to Report Transactions with Foreign Trusts and Receipt
of Certain Foreign Gifts, shall be allowed to extend Form 3520 separately from
the income tax return of the owner for an automatic 6-month period ending after
the date prescribed for filing the owner’s return.
4.Corporations
permitted statutory automatic 6-month extension of income tax returns
(a)Section 6081(b) is amended by striking 3
months
and inserting 6 months
.
(b)The amendment made by this section shall apply to returns
for taxable years beginning after December 31, 2013.