,,iii ,calendar ,no4 #bbf #aadth ,,congress #ast ,session ,s4 ,,res4 #beb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ae1 #bjae ,mr4 ,vitter1 from the ,committee on ,small ,business and ,entrepreneurship of the ,senate1 reported the following original resolution2 which was placed on the calendar ,,resolution ,expressing the sense of the ,committee on ,small ,business and ,entrepreneurship of the ,senate relating to easing the burden of ,federal tax compliance on small businesses4 ,whereas ,american small businesses face major obstacles complying with their ,federal tax obligations2 ,whereas the complexity of the ,federal tax code unfairly penalizes small businesses2 ,whereas such complexity requires small business owners to spend significant amounts of time1 money1 and resources complying with their tax obligations and less time operating their business2 ,whereas ,congress has exacerbated these challenges for ,america's small businesses by failing to update the tax code in a manner that properly reflects current circumstances2 ,whereas tax policy should also promote increased savings by ,american citizens to be able to afford the costs of living deeper into old age2 ,whereas employee stock ownership plans help small businesses offer economic incentives to employees and help employees save more for their retirements via investments in their employing companies2 ,whereas tax policy should support small businesses in providing benefit packages to their employees to be competitive with larger employers for the best talent2 ,whereas the successful research and development tax credit has been used to incentivize private firms to invest in research and development1 and private investment leads to spillover effects that can have a broad public good through the creation of new products1 the development of new processes1 and the launching of new industries2 ,whereas while the research and development tax credit is essential for our innovators1 it is not accessible to many small businesses and startups--per the ,government ,accountability ,office1 over half of the credit goes to firms with #a1jjj1jjj1jjj or more in receipts2 ,whereas1 according to the ,congressional ,research ,service1 numerous commercially successful innovations originated in small1 fledgling firms that could not access the research and development credit2 ,whereas1 if ,congress made the research and development tax credit more available to small businesses and startups1 thousands of innovative small firms could claim the credit1 boosting their capacity to invest in innovation and job creation2 and ,whereas prudent changes to the structure of the ,federal tax code would ease the burden of tax compliance1 allowing small businesses to put more money back into their business1 community1 and the economy3 ,now1 therefore1 be it ,that it is the sense of the ,committee on ,small ,business and ,entrepreneurship that the ,senate should enact the following3 ,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 #be1jjj1jjj4 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 #be1jjj1jjj1 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 ,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 this subparagraph4 4 ,,ii ,provisions related to the ,internal ,revenue ,service #bja4 ,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 #bjb4 ,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 #bjc4 ,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 ,subsection 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 ,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 years 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 #cjb4 ,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 ,,iv ,promotion and ,expansion of ,private ,employee ,ownership #dja4 ,short title ,this title may be cited as the ,promotion and ,expansion of ,private ,employee ,ownership ,act of #bjae4 #djb4 ,findings ,congress finds that-- 7#a7 on ,january #a1 #aiih--nearly #be years after the ,employee ,retirement ,income ,security ,act of #aigd was enacted and the employee stock ownership plan 7hereafter in this section referred to as an ,,esop7 was created--employees were first permitted to be owners of subchapter ,s corporations pursuant to the ,small ,business ,job ,protection ,act of #aiif 7,public ,law #ajd-ahh72 7#b7 with the passage of the ,taxpayer ,relief ,act of #aiig 7,public ,law #aje-cd71 ,congress designed incentives to encourage businesses to become ,,esop-owned ,s corporations2 7#c7 since that time1 several thousand companies have become ,,esop-owned ,s corporations1 creating an ownership interest for several million ,americans in companies in every ,state in the country1 in industries ranging from heavy manufacturing to technology development to services2 7#d7 while estimates show that #dj percent of working ,americans have no formal retirement account at all1 every ,united ,states worker who is an employee-owner of an ,s corporation company through an ,,esop has a valuable qualified retirement savings account2 7#e7 recent studies have shown that employees of ,,esop-owned ,s corporations enjoy greater job stability than employees of comparable companies2 7#f7 studies also show that employee-owners of ,s corporation ,,esop companies have amassed meaningful retirement savings through their ,s ,,esop accounts that will give them the means to retire with dignity2 7#g7 under the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq47 and the regulations promulgated by the ,administrator of the ,small ,business ,administration1 a small business concern that was eligible under the ,small ,business ,act for the numerous preferences of the ,act is denied treatment as a small business concern after an ,,esop acquires more than #di percent of the business1 even if the number of employees1 the revenue of the small business concern1 and the racial1 gender1 or other criteria used under the ,act to determine whether the small business concern is eligible for benefits under the ,act remain the same1 solely because of the acquisition by the ,,esop2 and 7#h7 it is the goal of ,congress to both preserve and foster employee ownership of ,s corporations through ,e,s,o,ps4 #djc4 ,deferral of tax for certain sales of employer stock to employee stock ownership plan sponsored by ,s corporation 7a7 ,in general ,subparagraph 7,a7 of section #ajdb7;c77#a7 of the ,internal ,revenue ,code of #aihf is amended by striking domestic ,c corporation and inserting domestic corporation4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply to sales after the date of the enactment of this ,act4 #djd4 ,department of ,treasury ,technical ,assistance ,office 7a7 ,establishment required ,before the end of the #ij-;day period beginning on the date of enactment of this ,act1 the ,secretary of ,treasury shall establish the ,s ,corporation ,employee ,ownership ,assistance ,office to foster increased employee ownership of ,s corporations4 7b7 ,duties of the office ,the ,s ,corporation ,employee ,ownership ,assistance ,office shall provide-- 7#a7 education and outreach to inform companies and individuals about the possibilities and benefits of employee ownership of ,s corporations2 and 7#b7 technical assistance to assist ,s corporations in sponsoring employee stock ownership plans4 #dje4 ,small business and employee stock ownership 7a7 ,in general ,the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq47 is amended-- 7#a7 by redesignating section #dg as section #dh2 and 7#b7 by inserting after section #df the following3 #dg4 ,employee stock ownership plans 7a7 ,definitions ,in this section-- 7#a7 the term ,,esop means an employee stock ownership plan1 as defined in section #dige7;e77#g7 of the ,internal ,revenue ,code of #aihf1 as amended2 and 7#b7 the term ,,esop business concern means a business concern that was a small business concern eligible for a loan1 preference1 or other program under this ,act before the date on which more than #di percent of the business concern was acquired by an ,,esop4 7b7 ,continued eligibility ,in determining whether an ,,esop business concern qualifies as a small business concern for purposes of a loan1 preference1 or other program under this ,act1 each ,,esop participant shall be treated as directly owning his or her proportionate share of the stock in the ,,esop business concern owned by the ,,esop4 4 7b7 ,effective date ,the amendments made by this section shall take effect on ,january #a of the first calendar year beginning after the date of the enactment of this ,act4 ,september #ae1 #bjae,placed on the calendar