[Congressional Record Volume 162, Number 54 (Monday, April 11, 2016)]
[Senate]
[Page S1868]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3616. Mr. HATCH (for himself, Mr. Coats, and Mr. Cardin) submitted
an amendment intended to be proposed by him to the bill H.R. 636, to
amend the Internal Revenue Code of 1986 to permanently extend increased
expensing limitations, and for other purposes; which was ordered to lie
on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. NOTICE REQUIRED BEFORE REVOCATION OF TAX EXEMPT
STATUS FOR FAILURE TO FILE RETURN.
(a) In General.--Section 6033(j) of the Internal Revenue
Code of 1986 is amended by redesignating paragraphs (2) and
(3) as paragraphs (3) and (4), respectively, and by inserting
after paragraph (1) the following new paragraph:
``(2) Requirement of notice.--
``(A) In general.--Not later than 270 days after the date
an organization described in paragraph (1) fails to file the
annual return or notice referenced in paragraph (1) for 2
consecutive years, the Secretary shall notify the
organization--
``(i) that the Internal Revenue Service has no record of
such a return or notice from such organization for 2
consecutive years, and
``(ii) about the penalty that will occur under this
subsection if the organization fails to file such a return or
notice by the date of the next filing deadline.
The notification under the preceding sentence shall include
information about how to comply with the filing requirements
under subsection (a)(1) and (i).''.
(b) Reinstatement Without Application.--Paragraph (3) of
section 6033(j) of the Internal Revenue Code of 1986, as
redesignated under subsection (a), is amended--
(1) by striking ``Any organization'' and inserting the
following:
``(A) In general.--Except as provided in subparagraph (B),
any organization'', and
(2) by adding at the end the following new subparagraph:
``(B) Retroactive reinstatement without application if
actual notice not provided.--If an organization described in
paragraph (1)--
``(i) demonstrates to the satisfaction of the Secretary
that the organization did not receive the notice required
under paragraph (2), and
``(ii) files an annual return or notice referenced in
paragraph (1) for the current year,
then the Secretary may reinstate the organization's exempt
status effective from the date of the revocation under
paragraph (1) without the need for an application.''.
(c) Effective Date.--The amendments made by this section
shall apply to notices and returns required to be filed after
December 31, 2015.
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