Library / Laws / 114th / s / S. 137 / Introduced in Senate
II
114th CONGRESS
1st Session
S. 137
IN THE SENATE OF THE UNITED STATES
January 8, 2015Mr. Wyden (for himself and Mr. Cardin) introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To amend title 31, United States Code, to direct the Secretary of the Treasury to regulate tax
return preparers.
1.
Short title
This Act may be cited as the Taxpayer Protection and Preparer Proficiency Act of 2015.
2.
Regulation of tax return preparers
(a)
In general
Subsection (a) of section 330 of title 31, United States Code, is amended—
(1) by striking paragraph (1) and inserting the following:
(1) regulate—
(A) the practice of representatives of persons before the Department of the Treasury; and
(B) the practice of tax return preparers; and
, and
(2) in paragraph (2)—
(A) by inserting or tax return preparer after representative each place it appears, and
(B) by inserting or in preparing their tax returns, claims for refund, or documents in connection with tax returns or claims for refund after cases in subparagraph (D).
(b)
Authority To sanction regulated tax return preparers
Subsection (b) of section 330 of title 31, United States Code, is amended—
(1) by striking before the Department,
(2) by inserting or tax return preparer after representative each place it appears, and
(3) in paragraph (4), by striking misleads or threatens and all that follows and inserting
misleads or threatens—
(A) any person being represented or any prospective person being represented; or
(B) any person or prospective person whose tax return, claim for refund, or document in connection with a tax return or claim for refund, is being or may be prepared.
.
(c)
Tax return preparer defined
Section 330 of title 31, United States Code, is amended by adding at the end the following new subsection:
(e)
Tax return preparer
For purposes of this section—
(1)
In general
The term tax return preparer has the meaning given such term under section 7701(a)(36) of the Internal Revenue Code of 1986.
(2)
Tax return
The term tax return has the meaning given to the term return under section 6696(e)(1) of the Internal Revenue Code of 1986.
(3)
Claim for refund
The term claim for refund has the meaning given such term under section 6696(e)(2) of such Code.
.