,,ii #aadth ,,congress #ast ,session ,s4 #ahbg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bb1 #bjae ,mr4 ,vitter introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend the ,internal ,revenue ,code of #aihf to improve the tax treatment of small businesses4 #a4 ,short title1 etc 7a7 ,short title ,this ,act may be cited as the ,small ,business ,tax ,compliance ,relief ,act of #bjae4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title1 etc4 ,,title ,i--,small business tax reform ,sec4 #aja4 ,expansion of cash accounting threshold4 ,sec4 #ajb4 ,modification of ,safe ,harbor for ,expensing of ,acquisition or ,production ,costs of ,tangible ,property4 ,sec4 #ajc4 ,removal of computer equipment from listed property4 ,sec4 #ajd4 ,deduction for health insurance costs in computing self-employment taxes4 ,sec4 #aje4 ,flexible retirement account for small businesses4 ,sec4 #ajf4 ,repeal of simple plans and simple ,i,r,as4 ,sec4 #ajg4 ,modification of rules relating to the termination of partnerships and ,s corporations4 ,sec4 #ajh4 ,repeal of special rules for top-heavy plans4 ,,title ,,ii--,provisions related to the ,internal ,revenue ,service ,sec4 #bja4 ,requirement to convene small business review panels4 ,sec4 #bjb4 ,penalty waivers in cases of good faith efforts4 ,sec4 #bjc4 ,inflation adjustments for certain provisions4 ,sec4 #bjd4 ,report on uniform definitions4 ,sec4 #bje4 ,report on improvements to customer service4 ,sec4 #bjf4 ,reasonable cause exception for failure to report certain transactions4 ,sec4 #bjg4 ,reasonable cause exception4 ,sec4 #bjh4 ,return due date modifications4 ,,title ,,iii--,provisions related to start-up businesses ,sec4 #cja4 ,modification of application of rules for nonqualified deferred compensation plans4 ,sec4 #cjb4 ,reduction in holding period for qualified small business stock4 ,sec4 #cjc4 ,extension of rollover period for qualified small business stock4 ,i ,small business tax reform #aja4 ,expansion of cash accounting threshold 7a7 ,in general 7#a7 ,in general ,paragraph 7#c7 of section #ddh7;b7 of the ,internal ,revenue ,code of #aihf is amended by striking #e1jjj1jjj in the text and in the heading and inserting #aj1jjj1jjj4 7#b7 ,conforming amendments ,section #ddh7;c7 of such ,code is amended-- 7,a7 by striking #e1jjj1jjj each place it appears in the text and in the heading of paragraph 7#a7 and inserting #aj1jjj1jjj1 and 7,b7 by adding at the end the following new paragraph3 7#d7 ,inflation adjustment ,in the case of any taxable year beginning in a calendar year after #bjae1 the dollar amount contained in subsection 7b77#c7 and paragraph 7#a7 of this subsection shall be increased by an amount equal to-- 7,a7 such dollar amount1 multiplied by 7,b7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year in which the taxable year begins1 by substituting calendar year #bjad for calendar year #aiib in subparagraph 7,b7 thereof4 ,if any amount as adjusted under this subparagraph is not a multiple of #ajj1jjj1 such amount shall be rounded to the nearest multiple of #ajj1jjj4 4 7b7 ,exemption from inventory requirement ,section #dga of the ,internal ,revenue ,code of #aihf is amended by redesignating subsection 7c7 as subsection 7d7 and by inserting after subsection 7b7 the following new subsection3 7c7 ,section ,not ,to ,apply to ,certain ,cash ,method ,taxpayers ,if a taxpayer-- 7#a7 would otherwise be required to use inventories under this section for any taxable year1 but 7#b7 the taxpayer meets the gross receipts test of section #ddh7;b7 for the taxable year and is eligible and elects to use the cash receipts and disbursements method of accounting for the taxable year1 then the requirement to use inventories shall not apply to the taxpayer for the taxable year4 4 7c7 ,effective date and special rule 7#a7 ,in general ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjad4 7#b7 ,change in method of accounting ,in the case of any taxpayer changing the taxpayer's method of accounting for any taxable year under the amendments made by this section-- 7,a7 such change shall be treated as initiated by the taxpayer2 and 7,b7 such change shall be treated as made with the consent of the ,secretary of the ,treasury4 #ajb4 ,modification of ,safe ,harbor for ,expensing of ,acquisition or ,production ,costs of ,tangible ,property 7a7 ,requirement ,to ,modify ,safe ,harbor ,the ,secretary of the ,treasury or his delegate shall1 within #ahj days after the date of enactment of this ,act1 modify ,treasury ,regulations section #a4bfc7;a7-#a7;f7 by-- 7#a7 increasing the amount of the de minimis safe harbor for taxpayers without applicable financial statements from #ejj to #b1ejj1 7#b7 requiring adequate records showing the dollar amount being expensed in lieu of accounting procedures in place at the beginning of the taxable year1 and 7#c7 modifying the definition of applicable financial statement to include reviewed financial statements4 7b7 ,effective date ,the modifications required by subsection 7a7 shall apply to taxable years beginning after ,december #ca1 #bjad4 #ajc4 ,removal of computer equipment from listed property 7a7 ,in general ,section #bhj;,f7d77#d77;,a7 of the ,internal ,revenue ,code of #aihf is amended by inserting and at the end of clause 7iii7 and by striking clause 7iv74 7b7 ,conforming amendment ,section #bhj;,f7d77#d7 of the ,internal ,revenue ,code of #aihf is amended by striking subparagraph 7,b7 and by redesignating subparagraph 7,c7 as subparagraph 7,b74 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 #ajd4 ,deduction for health insurance costs in computing self-employment taxes 7a7 ,in general ,paragraph 7#d7 of section #afb7l7 of the ,internal ,revenue ,code of #aihf is amended by striking for taxable years beginning before ,january #a1 #bjaj1 or after ,december #ca1 #bjaj and inserting for taxable years beginning before ,january #a1 #bjae44 7b7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after ,december #ca1 #bjad4 #aje4 ,flexible retirement account for small businesses 7a7 ,in general ,section #djh of the ,internal ,revenue ,code of #aihf is amended by redesignating subsection 7r7 as subsection 7s7 and by inserting after subsection 7q7 the following new subsection3 7r7 ,flexible retirement account defined 7#a7 ,in general ,for purposes of this title1 the term flexible retirement account means an individual retirement account or individual retirement annuity with respect to which the requirements of paragraphs 7#b71 7#c71 7#d71 and 7#g7 are met4 7#b7 ,maintained by small business 7,a7 ,in general ,this paragraph is satisfied for a year with respect to a flexible retirement account that is part of a plan of an employer if the employer has not more than #ajj full-time employees on the last day of the previous year4 7,b7 ,aggregation rules ,for purposes of subparagraph 7,a71 all employees of any trades or business 7whether or not incorporated7 which are under common control shall be treated as employed by a single employer4 7#c7 ,participation requirements ,this paragraph is satisfied with respect to a flexible retirement account for a year only if for such year the employer maintains a flexible retirement account on behalf of each employee who-- 7,a7 has attained age #ba1 and 7,b7 received not less than #c1cjj in compensation 7within the meaning of section #dae7;c77#c77 from the employer in any calendar quarter during the previous year4 7#d7 ,automatic enrollment2 employee may elect not to participate ,this paragraph is satisfied with respect to a flexible retirement account that is part of a plan of an employer if under the terms of the plan-- 7,a7 each employee described in paragraph 7#c7 7without regard to paragraph 7#e77-- 7i7 may elect-- 7,i7 to have the employer make contributions on behalf of the employee to a flexible retirement account1 or 7,,ii7 to have such payments paid to the employee directly in cash1 and 7ii7 is deemed to have made the election under clause 7i77,i71 effective as of the first day of the first calendar quarter beginning after the employee becomes an employee described in paragraph 7#c71 in an amount equal to #c percent of the employee's compensation1 until the employee specifically elects not to have such contributions made or to have contributions made in a different amount1 and 7,b7 amounts contributed pursuant clause 7i7 or 7ii7 of subparagraph 7,a7 are invested in a diversified common stock fund chosen by the financial institution holding the flexible retirement account until the employee specifically elects to direct such contributions to a different investment option4 7#e7 ,inclusion of self-employed individuals ,for purposes of this subsection1 the term employee includes an employee as defined in section #dja7;c77#a74 ,for purposes of applying the limitations of sections #djb7;h71 #djd7;h71 and #dae7;c77#a77;,a7 with respect to an employee described in the preceding sentence1 the term compensation has the meaning given in subsection 7p77#f77;,a77ii74 7#f7 ,employer contributions ,the employer maintaining a flexible retirement account may make qualified nonelective contributions 7as defined in section #dja7m77#d77;,c77 to the flexible retirement accounts of employees described in paragraph 7#c71 but only if such contributions made with respect to all such employees bear a uniform relationship to the compensation of the employees4 7#g7 ,financial institutions ,this paragraph is satisfied with respect to a flexible retirement account if-- 7,a7 such account is maintained at a financial institution1 including a bank1 credit union1 insurance company1 broker or dealer registered with the ,securities and ,exchange ,commission1 and such other entities as the ,secretary may by regulation designate1 7,b7 such financial institution-- 7i7 provides for not less than #c investment options among which the employee may choose to direct the contributions to and balances held in the employee's flexible retirement account1 each of which is diversified and has materially different risk and return characteristics1 and 7ii7 provides a quarterly report to each employee with respect to whom it holds a flexible retirement account describing the contributions to the account1 withdrawals from the account1 and investment performance of the account1 and 7,c7 the contributions to and balances held in the flexible retirement account of an employee may not be invested in securities of the employer maintaining such account4 4 7b7 ,limitation on deductions by employer ,subsection 7h7 of section #djd of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking pensions in the heading and inserting pensions and flexible retirement accounts1 7#b7 by striking a simplified employee pension each place it appears in paragraph 7#a7 and inserting a simplified employee pension or a flexible retirement account1 and 7#c7 by striking ,for purposes of subsection 7a77#g71 a simplified employee pension shall be treated as if it were in paragraph 7#c7 and inserting ,in the case of a simplified employee pension or a flexible retirement account1 section 7a77#g7 shall be applied by treating such pension or account as if it were4 7c7 ,taxability of beneficiary ,subsection 7h7 of section #djb of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking pensions in the heading and inserting pensions and flexible retirement accounts1 7#b7 by striking #djh7k77 in paragraph 7#a7 and inserting #djh7k77 or a flexible retirement account 7as defined in section #djh7r771 7#c7 by striking section #djh7k77#f7 in paragraph 7#a77;,b7 and inserting subsection 7k77#f7 or 7r77#d7 of section #djh1 7#d7 by striking the simplified employee pension each place it appears in paragraphs 7#a77;,b7 and 7#b77;,a7 and inserting the simplified employee pension or flexible retirement account1 7#e7 by striking a simplified employee pension each place it appears in paragraphs 7#b7 and 7#c7 and inserting a simplified employee pension or flexible retirement account1 and 7#f7 by striking reduced in the case in paragraph 7#b77;,b7 and inserting reduced1 with respect to a simplified employee pension1 in the case4 7d7 ,conforming amendments 7#a7 ,subparagraph 7,a7 of section #bai7;g77#e7 of the ,internal ,revenue ,code of #aihf is amended by striking or at the end of clause 7v7 and by adding at the end the following new clause3 7vii7 a flexible retirement account 7within the meaning of section #djh7r771 or 4 7#b7 ,paragraph 7#f7 of section #bhj;,g7b7 of such ,code is amended by striking or at the end of subparagraph 7,c71 by striking the period at the end of subparagraph 7,d7 and inserting 1 or1 and by adding at the end the following new subparagraph3 7,e7 a flexible retirement account 7as defined in section #djh7r774 4 7#c7 ,subsection 7j7 of section #djh of such ,code is amended-- 7,a7 by striking pensions in the heading and inserting pensions and flexible retirement accounts1 and 7,b7 by striking pension1 and inserting pension or flexible retirement account14 7#d7 ,subsections 7b71 7c71 7m77#d77;,b71 7n77#c77;,b71 and 7u77#a77;,c7 of section #dad of such ,code are each amended by inserting 1 #djh7r7 after #djh7p74 7#e7 ,paragraph 7#f7 of section #dad7u7 of such ,code is amended by inserting 1 any flexible retirement account under section #djh7r7 after #djh7p74 7#f7 ,subparagraph 7,b7 of section #dad7v77#c7 of such ,code is amended by inserting 1 #djh7r7 after #djh7k74 7#g7 ,clause 7iv7 of section #dad7v77#f77;,a7 of such ,code is amended by striking 7k7 or 7p7 and inserting 7k71 7p71 or 7r74 7#h7 ,paragraph 7#e7 of section #dad7w7 of such ,code is amended by striking and at the end of subparagraph 7,d71 by striking the period at the end of subparagraph 7,e7 and inserting 1 and1 and by adding at the end the following new subparagraph3 7,f7 a flexible retirement account 7as defined in section #djh7r774 4 7#i7 ,paragraph 7#b7 of section #dae7;a7 of such ,code is amended-- 7,a7 by striking or at the end of subparagraph 7,b71 7,b7 by striking the comma at the end of subparagraph 7,c7 and inserting 1 or1 7,c7 by inserting after subparagraph 7,c7 the following new subparagraph3 7,d7 a flexible retirement account described in section #djh7r71 1 7,d7 by striking or pension and inserting pension1 or account1 and 7,e7 by striking or #djh7k7 and inserting #djh7k71 or #djh7r74 7#aj7 ,subparagraph 7,c7 of section #caba7;a77#e7 of such ,code is amended by inserting 1 or a flexible retirement account 7as defined in section #djh7r7 after #djh7k77#f74 7#aa7 ,subparagraph 7,c7 of section #ccjf7;a77#e7 of such ,code is amended by inserting 1 or a flexible retirement account 7as defined in section #djh7r7 after #djh7k77#f74 7#ab7 ,subparagraph 7,a7 of section #digb7;d77#a7 of such ,code is amended by striking and at the end of clause 7iii71 by striking the period at the end of clause 7iv7 and inserting 1 and1 and by adding at the end the following new clause3 7v7 any flexible retirement account 7within the meaning of section #djh7r774 4 7e7 ,effective date ,the amendments made by this section shall apply to contributions made after ,december #ca1 #bjae4 #ajf4 ,repeal of simple plans and simple ,i,r,as 7a7 ,simple #dja7k7 plans ,paragraph 7#aa7 of section #dja7k7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subparagraph3 7,e7 ,termination ,this paragraph shall not apply to any cash or deferred arrangement adopted after ,december #ca1 #bjaf4 4 7b7 ,simple ,i,r,as ,subsection 7p7 of section #djh of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#aa7 ,termination ,this subsection shall not apply to any plan established after ,december #ca1 #bjaf4 4 #ajg4 ,modification of rules relating to the termination of partnerships and ,s corporations 7a7 ,no termination of partnership on sale or exchange of assets 7#a7 ,in general ,section #gjh7;b77#a7 of the ,internal ,revenue ,code of #aihf is amended by striking only if and all that follows and inserting only if no part of any business1 financial operation1 or venture of the partnership continues to be carried on by any of its partners in a partnership44 7#b7 ,conforming amendments 7,a7 ,section #afh7;i77#g77;,b7 of such ,code is amended by striking the last sentence4 7,b7 ,section #gdc7;e7 of such ,code is amended by striking paragraph 7#d74 7,c7 ,section #ggd of such ,code is amended by striking subsection 7c74 7b7 ,no termination of ,s corporation status due to excessive passive investment income ,paragraph 7#c7 of section #acfb7;d7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subparagraph3 7,d7 ,termination ,this paragraph shall not apply to taxable years ending after the date of the enactment of the ,small ,business ,tax ,compliance ,relief ,act of #bjae4 4 #ajh4 ,repeal of special rules for top-heavy plans ,section #daf of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subsection3 7j7 ,termination ,this section shall not apply to plan years beginning after the date of the enactment of the ,small ,business ,tax ,compliance ,relief ,act of #bjae4 4 ,,ii ,provisions related to the ,internal ,revenue ,service #bja4 ,requirement to convene small business review panels ,section #fji7;d7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b71 by striking and at the end2 7#b7 in paragraph 7#c71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7#d7 the ,internal ,revenue ,service4 4 #bjb4 ,penalty waivers in cases of good faith efforts ,the ,commissioner of ,internal ,revenue may waive the application of any provision of the ,internal ,revenue ,code of #aihf 7other than a criminal penalty7 if it is shown that the taxpayer acted in good faith or failure to comply with the provision was due to reasonable cause4 #bjc4 ,inflation adjustments for certain provisions 7a7 ,in general ,chapter #gg of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #gebi4 ,inflation adjustments 7a7 ,in general ,in the case of any taxable year beginning in a calendar year after #bjae1 each of the specified dollar amounts shall be increased by an amount equal to-- 7#a7 such dollar amount1 multiplied by 7#b7 the cost-of-living adjustment determined under section #a7;f77#c7 for the calendar year in which the taxable year begins1 determined by substituting calendar year #bjad for calendar year #aiib in subparagraph 7,b7 thereof4 7b7 ,specified dollar amounts ,for purposes of subsection 7a71 the specified dollar amounts are-- 7#a7 the #ej1jjj amount in section #gi7;a77#a71 7#b7 each of the #e1bej amounts in section #abg7;a77#b71 7#c7 each of the #ejj amounts in paragraphs 7#aa77;,a71 7#aa77;,b71 and 7#ab7 of section #agj7;f71 7#d7 the #e1jjj amount in section #agj7;f77#aa77;,c71 7#e7 the #aj1jjj1jjj amount in section #bfc;,a7b77#b71 7#f7 each of the dollar amounts in section #bgd7;b77#a71 7#g7 each of the #djj amounts in section #bgd7;j71 7#h7 the #a1fjj amount in section #bgd7;j77#b77;,b71 7#i7 the #aj1jjj1jjj amount in section #abjb7;b77#a71 7#aj7 each of the #ej1jjj1jjj amounts in section #abjb7;d77#a71 7#aa7 the #ej1jjj amount in section #abdd7;b77#a71 and 7#ab7 the #a1jjj1jjj in section #abdd7;c77#c77;,a74 7c7 ,rounding 7#a7 ,any increase determined under paragraph 7#e71 7#i71 or 7#aj7 of subsection 7b7 shall be rounded to the nearest multiple of #ajj1jjj4 7#b7 ,any increase determined under paragraph 7#a71 7#d71 7#aa71 or 7#ab7 of subsection 7b7 shall be rounded to the nearest multiple of #a1jjj4 7#c7 ,any increase determined under paragraph 7#b7 of subsection 7b7 shall be rounded to the nearest multiple of #ejj4 7#d7 ,any increase determined under paragraph 7#c71 7#g71 or 7#h7 of subsection 7b7 shall be rounded to the nearest multiple of #ajj4 7#e7 ,any increase determined under paragraph 7#f7 of subsection 7b7 shall be rounded to the nearest multiple of #e4 4 7b7 ,conforming amendments 7#a7 ,section #abjb7;b77#c7 of such ,code is amended by striking paragraph 7#a77;,a7 shall be applied by substituting #e1jjj1jjj for #aj1jjj1jjj and inserting the amount under paragraph 7#a77;,a7 shall be #ej percent of such dollar amount 7determined without regard to this paragraph74 7#b7 ,section #abdd7;b77#b7 of such ,code is amended by striking #ajj1jjj and inserting #bjj percent of the amount under paragraph 7#a74 7c7 ,clerical amendment ,the table of sections for chapter #gg of such ,code is amended by adding at the end the following new item3 ,sec4 #gebi4 ,inflation adjustments4 4 7d7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 #bjd4 ,report on uniform definitions ,not later than ,june #cj1 #bjaf1 the ,commissioner of ,internal ,revenue shall submit to the ,committee on ,small ,business and ,entrepreneurship of the ,senate1 the ,committee on ,finance of the ,senate1 and the ,committee on ,ways and ,means of the ,house of ,representatives a report detailing changes in law to make statutory definitions in the ,internal ,revenue ,code of #aihf relating to small businesses consistent across different provisions of such ,code4 ,such report shall include recommendations on wording such definitions in a manner that is easy to understand for a layman not familiar with the ,internal ,revenue ,code of #aihf4 #bje4 ,report on improvements to customer service ,not later than ,june #cj1 #bjaf1 the ,commissioner of ,internal ,revenue shall submit to the ,committee on ,small ,business and ,entrepreneurship of the ,senate1 the ,committee on ,finance of the ,senate1 and the ,committee on ,ways and ,means of the ,house of ,representatives a report detailing specific ways to improve customer service to small businesses1 including objectively measurable goals for how to reduce response times4 #bjf4 ,reasonable cause exception for failure to report certain transactions 7a7 ,in general ,subsection 7d7 of section #fgjg;,a of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7d7 ,reasonable cause waiver ,no penalty shall be imposed under this section with respect to any failure if it is shown that such failure is due to reasonable cause and not to willful neglect4 4 7b7 ,conforming amendments 7#a7 ,section #fffd7;d77#c7 of the ,internal ,revenue ,code of #aihf is amended by striking if the penalty for such failure was rescinded under section #fgjg;,a7d7 and inserting if it is shown that such failure is due to reasonable cause and not to willful neglect4 7#b7 ,section #fgjg7;c7 of such ,code is amended to read as follows3 7c7 ,reasonable cause waiver ,no penalty shall be imposed under this section with respect to any failure if it is shown that such failure is due to reasonable cause and not to willful neglect4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act4 #bjg4 ,reasonable cause exception 7a7 ,in general ,no assessable penalty or addition to tax shall be imposed under the ,internal ,revenue ,code of #aihf if it is shown that an action1 or failure to act1 by the taxpayer with regard to any material element was due to reasonable cause and the taxpayer acted in good faith4 7b7 ,coordination ,subsection 7a7 shall not apply to any assessable penalty or addition to tax for which there is a provision of the ,internal ,revenue ,code which provides for the nonapplication of such penalty or addition if the taxpayer's action 7or failure to act7 was due to reasonable cause4 #bjh4 ,return due date modifications 7a7 ,new due date for partnership form #ajfe1 ,s corporation form #aabj,s1 and ,c corporation form #aabj 7#a7 ,partnerships 7,a7 ,in general ,section #fjgb of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subsection3 7f7 ,returns of partnerships ,returns of partnerships under section #fjca made on the basis of the calendar year shall be filed on or before the #aeth day of ,march following the close of the calendar year1 and such returns made on the basis of a fiscal year shall be filed on or before the #aeth day of the third month following the close of the fiscal year4 4 7,b7 ,conforming amendment ,section #fjgb7;a7 of such ,code is amended by striking #fjag1 or #fjca and inserting or #fjag4 7#b7 ,s corporations 7,a7 ,in general ,so much of subsection 7b7 of #fjgb of such ,code as precedes the second sentence thereof is amended to read as follows3 7b7 ,returns of certain corporations ,returns of ,s corporations under sections #fjab and #fjcg made on the basis of the calendar year shall be filed on or before the #cast day of ,march following the close of the calendar year1 and such returns made on the basis of a fiscal year shall be filed on or before the last day of the third month following the close of the fiscal year4 4 7,b7 ,conforming amendments 7i7 ,section #acfb7;b7 of such ,code is amended-- 7,i7 by striking #aeth each place it appears and inserting last1 7,,ii7 by striking #ba_/b each place it appears and inserting #c1 and 7,,iii7 by striking #b months and #ae days in paragraph 7#d7 and inserting #c months4 7ii7 ,section #acfb7;d77#a77;,c77i7 of such ,code is amended by striking #aeth and inserting last4 7iii7 ,section #acfb7;d77#a77;,c77ii7 of such ,code is amended by striking such #aeth day and inserting the last day of the #c;d month thereof4 7#c7 ,conforming amendments relating to ,c corporations 7,a7 ,section #agj7;a77#b77;,b7 of such ,code is amended by striking third month and inserting #dth month4 7,b7 ,section #efc of such ,code is amended by striking third month each place it appears and inserting #dth month4 7,c7 ,section #aced7;d77#a77;,b77i7 of such ,code is amended by striking #c;d month and inserting #dth month4 7,d7 ,subsections 7a7 and 7c7 of section #fafg of such ,code are each amended by striking third month and inserting #dth month4 7,e7 ,section #fdbe7;a77#a7 of such ,code is amended by striking third month and inserting #dth month4 7,f7 ,subsections 7b77#b77;,a71 7g77#c71 and 7h77#a7 of section #ffee of such ,code are each amended by striking #crd month and inserting #dth month4 7#d7 ,effective date ,the amendments made by this subsection shall apply to returns for taxable years beginning after ,december #ca1 #bjae4 7b7 ,modification of due dates by regulation ,in the case of returns for taxable years beginning after ,december #ca1 #bjac1 the ,secretary of the ,treasury or the ,secretary's delegate shall modify appropriate regulations to provide as follows3 7#a7 ,the maximum extension for the returns of partnerships filing ,form #ajfe shall be a #f-month period beginning on the due date for filing the return 7without regard to any extensions74 7#b7 ,the maximum extension for the returns of trusts and estates filing ,form #ajda shall be a #e-month period beginning on the due date for filing the return 7without regard to any extensions74 7#c7 ,the maximum extension for the returns of employee benefit plans filing ,form #eejj shall be an automatic #c-month period beginning on the due date for filing the return 7without regard to any extensions74 7#d7 ,the maximum extension for the ,forms #iij 7series7 returns of organizations exempt from income tax shall be an automatic #f-month period beginning on the due date for filing the return 7without regard to any extensions74 7#e7 ,the maximum extension for the returns of organizations exempt from income tax that are required to file ,form #dgbj returns of excise taxes shall be an automatic #f-month period beginning on the due date for filing the return 7without regard to any extensions74 7#f7 ,the maximum extension for the returns of trusts required to file ,form #ebbg shall be an automatic #f-month period beginning on the due date for filing the return 7without regard to any extensions74 7#g7 ,the maximum extension for the returns of ,black ,lung ,benefit ,trusts required to file ,form #fjfi returns of excise taxes shall be an automatic #f-month period beginning on the due date for filing the return 7without regard to any extensions74 7#h7 ,the maximum extension for a taxpayer required to file ,form #hhgj shall be an automatic #f-month period beginning on the due date for filing the return 7without regard to any extensions74 7#i7 ,the due date of ,form #cebj-;,a1 ,annual ,information ,return of a ,foreign ,trust with a ,united ,states ,owner1 shall be the #aeth day of the #dth month after the close of the trust's taxable year1 and the maximum extension shall be a #f-month period beginning on such day4 7#aj7 ,the due date of ,fin,c,e,n ,form #aad 7relating to ,report of ,foreign ,bank and ,financial ,accounts7 shall be ,april #ae with a maximum extension for a #f-month period ending on ,october #ae1 and with provision for an extension under rules similar to the rules of #bf ,c4,f4,r4 #a4fjha-e4 ,for any taxpayer required to file such form for the first time1 the ,secretary of the ,treasury may waive any penalty for failure to timely request or file an extension4 7#aa7 ,taxpayers filing ,form #cebj1 ,annual ,return to ,report ,transactions with ,foreign ,trusts and ,receipt of ,certain ,foreign ,gifts1 shall be allowed to extend the time for filing such form separately from the income tax return of the taxpayer1 for an automatic #f-month period beginning on the due date for filing the return 7without regard to any extensions74 7c7 ,corporations ,permitted ,statutory ,automatic #f-,month ,extension of ,income ,tax ,returns 7#a7 ,in general ,section #fjha7;b7 of the ,internal ,revenue ,code of #aihf is amended by striking #c months and inserting #f months4 7#b7 ,effective date ,the amendment made by this section shall apply to returns for taxable years beginning after ,december #ca1 #bjae4 ,,iii ,provisions related to start-up businesses #cja4 ,modification of application of rules for nonqualified deferred compensation plans 7a7 ,rules only apply to plans of publicly traded companies 7#a7 ,in general ,section #dji;,a of the ,internal ,revenue ,code of #aihf is amended by striking nonqualified deferred compensation plan each place it appears and inserting specified nonqualified deferred compensation plan4 7#b7 ,specified nonqualified deferred compensation plan ,section #dji;,a7d77#a7 of such ,code is amended to read as follows3 7#a7 ,specified nonqualified deferred compensation plan 7,a7 ,in general ,the term specified nonqualified deferred compensation plan means any plan maintained by a specified employer for the deferral of compensation1 other than-- 7i7 a qualified employer plan1 and 7ii7 any bona fide vacation leave1 sick leave1 compensatory time1 disability pay1 or death benefit plan4 7,b7 ,specified employer ,for purposes of subparagraph 7,a71 the term specified employer means any corporation-- 7i7 the stock of which is publicly traded on an established securities market or otherwise1 or 7ii7 which is a member of a controlled group of corporations 7within the meaning of section #aefc7;a71 determined without regard to section #aefc7;a77#d77 one of which is publicly traded on an established securities market4 4 7b7 ,conforming amendments 7#a7 ,the last sentence of section #dji;,a7a77#b77;,b77i7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 ,for purposes of the preceding sentence1 a specified employee is a key employee 7as defined in section #daf7;i7 without regard to paragraph 7#e7 thereof7 of the employer44 7#b7 ,the heading of section #dji;,a of such ,code is amended by inserting specified before nonqualified4 7#c7 ,the item relating to section #dji;,a in the table of sections for subpart ,a of part ,i of subchapter ,d of chapter #a of such ,code is by inserting specified before nonqualified4 7c7 ,effective date ,the amendments made by this section shall apply to amounts deferred after the date of the enactment of this ,act4 #cjb4 ,reduction in holding period for qualified small business stock 7a7 ,in general ,paragraph 7#a7 of section #abjb7;a7 of the ,internal ,revenue ,code of #aihf is amended by striking #e years and inserting #c years4 7b7 ,conforming amendments 7#a7 ,paragraph 7#b7 of section #abjb7;b7 of such ,code is amended by striking #e years and inserting #c years1 7#b7 ,subparagraph 7,a7 of section #abjb7;g77#b7 of such ,code is amended by striking #e years and inserting #c years1 7#c7 ,subparagraph 7,c7 of section #abjb7;h77#b7 of such ,code is amended by striking #e-year and inserting #c-year1 and 7#d7 ,subparagraph 7,a7 of section #abjb7;j77#a7 of such ,code is amended by striking #e years and inserting #c years4 7c7 ,effective date ,the amendments made by this section shall apply to stock issued after the date of the enactment of this ,act4 #cjc4 ,extension of rollover period for qualified small business stock 7a7 ,in general ,paragraph 7#a7 of section #ajde7;a7 of the ,internal ,revenue ,code of #aihf is amended by striking #fj-;day period and inserting #a-year period4 7b7 ,conforming amendment ,paragraph 7#c7 of section #ajde7;b7 of such ,code is amended by striking #fj-;day period and inserting #a-year period4 7c7 ,effective date ,the amendment made by this section shall apply to sales after the date of the enactment of this ,act4