Taxpayer Assistance and Simplification Act of 2008
Latest action · Apr 16, 2008 Received in the Senate and Read twice and referred to the Committee on Finance.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedApr 8, 2008
- Passed HouseApr 15, 2008
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Taxpayer Assistance and Simplification Act of 2008 - (Sec. 2) Amends the Internal Revenue Code to modify the standards for imposing penalties on tax return preparers for understatements of tax to require: (1) substantial authority for a position with respect to an item on a tax return if such position was not disclosed with the return; and (2) a reasonable basis for a position that was disclosed with the return.
Requires tax return preparers to have a reasonable belief that a position with respect to a tax shelter or a reportable transaction (a transaction having a potential for tax avoidance or evasion) will more likely than not be sustained on its merits.
(Sec. 3) Removes certain limitations on the tax deduction for employee use of cellular telephones.
(Sec. 4) Delays until 2012 the 3% withholding requirement on government payments to contractors providing goods and services.
(Sec. 5) Exempts recipients of home care services under federally-assisted state or local government home care programs for the elderly or disabled from payment of employment taxes for amounts paid to service providers. Imposes liability for payment of such taxes on the fiscal administrators of such programs.
(Sec. 6) Allows officers and employees of the Department of the Treasury to refer taxpayers for advice and assistance to federally-funded low-income taxpayer clinics.
(Sec. 7) Authorizes the Secretary of the Treasury to make grants to provide matching funds for volunteer income tax assistance programs. Increases to $10 million the annual amount the Secretary may allocate for grants to such programs.
(Sec. 8) Requires the Secretary to provide taxpayers with annual written notices of eligibility for the earned income tax credit.
(Sec. 9) Prohibits the Secretary from providing a debt indicator (notice of a tax refund offset) to businesses that provide refund anticipation loans and engage in predatory business practices with respect to such loans.
(Sec. 10) Directs the Secretary to conduct a feasibility study for delivering tax refunds on debit cards, prepaid cards, and other electronic means to facilitate refunds to individuals who do not have bank accounts.
(Sec. 11) Extends from nine months to two years the period in which the Internal Revenue Service (IRS) may return property that has been wrongfully levied and for bringing a civil action for a wrongful levy.
(Sec. 12) Allows taxpayers to recontribute to their individual retirement accounts (IRAs), without penalty or limitation, amounts that were wrongfully levied by the IRS. Requires the IRS to pay interest on IRA amounts that were wrongfully seized.
(Sec. 13) Requires the Secretary to notify a taxpayer of: (1) any unauthorized use of such taxpayer's identity (suspected identity theft) which the Secretary uncovers during a tax investigation; and (2) any criminal charges brought against an individual who is using the identity of such taxpayer.
(Sec. 14) Repeals the authority of the IRS to enter into private debt collection contracts. Exempts contracts entered into before March 1, 2008, that are not renewed or extended after such date. Nullifies any contract entered into, extended, or renewed on or after such date.
(Sec. 15) Allows the IRS to use any means of mass communication (e.g., the Internet) to publish unclaimed tax refund amounts.
(Sec. 16) Expands the prohibitions against the misuse of Department of the Treasury names and symbols to the use of such names and symbols on an Internet domain address.
(Sec. 17) Sets forth a substantiation requirement for payments from a health savings account. Requires the trustee of a health savings account to report to the Secretary and the account beneficiary any unsubstantiated amount paid from an account for the preceding calendar year.
(Sec. 18) Amends the Internal Revenue Code and title II (Old Age, Survivors, and Disability Insurance Benefits) of the Social Security Act to treat certain foreign subsidiaries of U.S. companies performing services under a contract with the U.S. government as U.S. employers for purposes of Social Security and Medicare employment taxes.
(Sec. 19) Amends the Tax Increase Prevention and Reconciliation Act of 2005 to increase estimated tax payments for certain large corporations in the third quarter of 2013.
(Sec. 20) Directs the Comptroller General to study and report to Congress on the use of distributions from health savings accounts.
Recorded votes 2
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 190 | On Passage | Passed238–179 | Apr 15, 2008 |
| House 189 | On Motion to Recommit with Instructions | Failed210–210 | Apr 15, 2008 |
Cosponsors 17
Members who signed on, in the order they did. Signatures ran from Apr 8, 2008 to Apr 14, 2008, with 16 there on the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-OR | Earl Blumenauer | Original | Apr 8, 2008 |
| D-ND | Earl Pomeroy | Original | Apr 8, 2008 |
| D-AZ | Gabrielle Giffords | Original | Apr 8, 2008 |
| D-WA | Jim McDermott | Original | Apr 8, 2008 |
| D-NY | John J. Hall | Original | Apr 8, 2008 |
| D-GA | John Lewis | Original | Apr 8, 2008 |
| D-NY | Joseph Crowley | Original | Apr 8, 2008 |
| D-MN | Keith Ellison | Original | Apr 8, 2008 |
| D-FL | Kendrick B. Meek | Original | Apr 8, 2008 |
| D-VT | Peter Welch | Original | Apr 8, 2008 |
| D-IL | Rahm Emanuel | Original | Apr 8, 2008 |
| D-WI | Ron Kind | Original | Apr 8, 2008 |
| D-NV | Shelley Berkley | Original | Apr 8, 2008 |
| D-OH | Stephanie Tubbs Jones | Original | Apr 8, 2008 |
| D-FL | Tim Mahoney | Original | Apr 8, 2008 |
Actions 21
Everything that happened, newest first.
- Apr 16, 2008Received in the Senate and Read twice and referred to the Committee on Finance.
- Apr 15, 2008Considered under the provisions of rule H. Res. 1102. (consideration: CR H2307-2322)
- Apr 15, 2008DEBATE - The House proceeded with one hour of debate on H.R. 5719.
- Apr 15, 2008DEBATE - The House proceeded with ten minutes of debate on the Herger motion to recommit with instructions. The instructions contained in the motion seek to add language to deny tax exempt interest with respect to bonds of sanctuary states and cities.
- Apr 15, 2008Motion to reconsider laid on the table Agreed to without objection.
Related bills 4
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HRES 1102 | Providing for consideration of the bill (H.R. 5719) to amend the Internal Revenue Code of 1986 to conform return preparer penalty standards, delay implementation of withholding taxes on government contractors, enhance taxpayer protections, assist low-inco | Procedurally related | Apr 15, 2008 |
| S 2851 | A bill to amend the Internal Revenue Code of 1986 to modify the penalty on the understatement of taxpayer's liability by tax return preparers. | Related bill | Apr 14, 2008 |
| HR 4318 | To amend the Internal Revenue Code of 1986 to modify the penalty on the understatement of taxpayer's liability by tax return preparers. | Related bill | Dec 6, 2007 |
| HR 5703 | Elderly Care Tax Act of 2008 | Related bill | Apr 3, 2008 |
Subjects
Assigned by the Library of Congress. Policy area: Taxation.
- Collection of accounts
- Commerce
- Congress
- Congressional reporting requirements
- Corporation taxes
- Crime and Law Enforcement
- Debit cards
- Department of the Treasury
- Earned income tax credit
- Economics and Public Finance
- Electronic funds transfers
- Finance and Financial Sector
- Fraud
- Government contractors
- Government Operations and Politics
- Government procurement
- Government publicity
- Government service contracts
- Governmental investigations
- Grants-in-aid
- Home care services
- Identity theft
- Income tax
- Internet
- Labor and Employment
- Law
- Loans
- Names
- Partnerships
- Science, Technology, Communications
- Searches and seizures
- Signs and symbols
- Social Welfare
- Tax auditing
- Tax deductions
- Tax exemption
- Tax liens
- Tax penalties
- Tax preparers
- Tax refunds
- Tax returns
- Taxation
- Taxpayers
- Volunteer workers
- Wireless communication
- Withholding tax
Text 3
Each version as it was printed, newest first.
- Apr 15, 2008Engrossed in House
- Apr 14, 2008Reported in House
- Apr 8, 2008Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.