[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5552 Placed on Calendar Senate (PCS)]
Calendar No. 456
111th CONGRESS
2d Session
H. R. 5552
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 30, 2010
Received and read the first time
July 12, 2010
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To amend the Internal Revenue Code of 1986 to require that the payment
of the manufacturers' excise tax on recreational equipment be paid
quarterly and to provide for the assessment by the Secretary of the
Treasury of certain criminal restitution.
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 ``Firearms Excise Tax Improvement Act
of 2010''.
SEC. 2. TIME FOR PAYMENT OF MANUFACTURERS' EXCISE TAX ON RECREATIONAL
EQUIPMENT.
(a) In General.--Subsection (d) of section 6302 of the Internal
Revenue Code of 1986 (relating to mode or time of collection) is
amended to read as follows:
``(d) Time for Payment of Manufacturers' Excise Tax on Recreational
Equipment.--The taxes imposed by subchapter D of chapter 32 of this
title (relating to taxes on recreational equipment) shall be due and
payable on the date for filing the return for such taxes.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to articles sold by the manufacturer, producer, or importer after
the date of the enactment of this Act.
SEC. 3. ASSESSMENT OF CERTAIN CRIMINAL RESTITUTION.
(a) In General.--Subsection (a) of section 6201 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(4) Certain orders of criminal restitution.--
``(A) In general.--The Secretary shall assess and
collect the amount of restitution under an order
pursuant to section 3556 of title 18, United States
Code, for failure to pay any tax imposed under this
title in the same manner as if such amount were such
tax.
``(B) Time of assessment.--An assessment of an
amount of restitution under an order described in
subparagraph (A) shall not be made before all appeals
of such order are concluded and the right to make all
such appeals has expired.
``(C) Restriction on challenge of assessment.--The
amount of such restitution may not be challenged by the
person against whom assessed on the basis of the
existence or amount of the underlying tax liability in
any proceeding authorized under this title (including
in any suit or proceeding in court permitted under
section 7422).''.
(b) Exception From Certain Restrictions on Assessment and
Collection.--
(1) No petition to tax court, no restriction on further
deficiency letters, etc.--Subsection (b) of section 6213 of
such Code is amended by adding at the end the following new
paragraph:
``(5) Certain orders of criminal restitution.--If the
taxpayer is notified that an assessment has been or will be
made pursuant to section 6201(a)(4)--
``(A) such notice shall not be considered as a
notice of deficiency for the purposes of subsection (a)
(prohibiting assessment and collection until notice of
the deficiency has been mailed), section 6212(c)(1)
(restricting further deficiency letters), or section
6512(a) (prohibiting credits or refunds after petition
to the Tax Court), and
``(B) subsection (a) shall not apply with respect
to the amount of such assessment.''.
(2) Time limitations on assessment and collection.--
Subsection (c) of section 6501 of such Code is amended by
adding at the end the following new paragraph:
``(11) Certain orders of criminal restitution.--In the case
of any amount described in section 6201(a)(4), such amount may
be assessed, or a proceeding in court for the collection of
such amount may be begun without assessment, at any time.''.
(c) Effective Date.--The amendments made by this section shall
apply to restitution ordered after the date of the enactment of this
Act.
SEC. 4. BUDGETARY PROVISIONS.
(a) Time for Payment of Corporate Estimated Taxes.--The percentage
under paragraph (2) of section 561 of the Hiring Incentives to Restore
Employment Act in effect on the date of the enactment of this Act is
increased by 0.25 percentage points.
(b) Paygo Compliance.--The budgetary effects of this Act, for the
purpose of complying with the Statutory Pay-As-You-Go Act of 2010,
shall be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for
printing in the Congressional Record by the Chairman of the House
Budget Committee, provided that such statement has been submitted prior
to the vote on passage.
Passed the House of Representatives June 29, 2010.
Attest:
LORRAINE C. MILLER,
Clerk.
Calendar No. 456
111th CONGRESS
2d Session
H. R. 5552
_______________________________________________________________________
AN ACT
To amend the Internal Revenue Code of 1986 to require that the payment
of the manufacturers' excise tax on recreational equipment be paid
quarterly and to provide for the assessment by the Secretary of the
Treasury of certain criminal restitution.
_______________________________________________________________________
July 12, 2010
Read the second time and placed on the calendar