,i #aadth ,,congress #ast ,session ,h4 ,r4 #aiac ,,in ,,the ,,house ,,of ,,representatives ,april #ba1 #bjae ,mr4 ,jeffries introduced the following bill2 which was referred to the ,committee on ,ways and ,means ,a ,,bill ,to direct the ,secretary of the ,treasury to develop guidance and procedures for the recovery of refunds relating to tax return preparer fraud4 #a4 ,short title ,this ,act may be cited as the ,protecting ,american ,taxpayers from ,fraud ,act of #bjae4 #b4 ,purpose ,the purpose of this ,act is to address predatory practices in low income communities by some tax return preparers4 #c4 ,referral procedures for recovery of refunds for taxpayers defrauded by employees or agents of tax preparation firms ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall develop referral procedures for1 and establish a liaison to1 tax preparation firms to seek recovery of refunds for taxpayers defrauded by employees or agents of tax preparation firms4 ,in developing such procedures1 the ,secretary 7or the ,secretary's delegate7 shall ensure that there is coordination among the following entities within the ,internal ,revenue ,service3 ,taxpayer ,advocate ,service1 ,wage ,investment ,division1 ,criminal ,investigation1 ,office of the ,chief ,counsel1 ,return ,preparer ,office1 and ,office of ,professional ,responsibility4 #d4 ,comprehensive guidance for the treatment of all claims for refunds relating to tax return preparer fraud 7a7 ,in general ,the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall develop comprehensive guidance for the treatment by the ,internal ,revenue ,service of all claims for refunds relating to tax return preparer fraud4 ,such guidance shall provide a clear description the rights and responsibilities of taxpayers1 including the following3 7#a7 ,mitigation ,actions taken by the taxpayer to prevent the preparer fraud or to minimize the loss4 7#b7 ,restitution ,actions taken by the taxpayer to receive restitution relating to tax return preparer fraud and whether the taxpayer has received any restitution4 7#c7 ,substantiation ,actions taken by the taxpayer to substantiate a claim of fraud1 including one or more of the following1 if available3 7,a7 ,providing a copy of the unaltered return of tax 7if provided by the preparer74 7,b7 ,providing a business card1 flyer1 or other advertisement with the preparer's contact information4 7,c7 ,providing a copy of any refund traces requested4 7,d7 ,providing a copy of bank statements showing the expected refund was not deposited into the victim's account4 7,e7 ,providing a taxpayer statement regarding the fraud1 which shall be signed under penalties of perjury4 7,f7 ,filing a report or complaint with local law enforcement authorities4 7b7 ,guidance relating to restitution ,the ,secretary shall1 in the guidance developed for restitution-- 7#a7 place the emphasis on restitution received by the taxpayer and making the taxpayer whole relative to the cash value of assets that have already been transferred to the taxpayer1 7#b7 not reduce restitution on the basis of either anticipated or court mandated 7but not yet collected7 payments1 and 7#c7 provide for a claw-back procedure to ensure that restitution ultimately paid to the taxpayer1 subsequent to the restitution provided by the ,internal ,revenue ,service1 would be remitted to the ,internal ,revenue ,service4