Tax Administration Simplification Act
A BILL
To amend the Internal Revenue Code of 1986 to make improvements related to tax administration.
Sec. 2 Application of mailbox rule to documents and payments electronically submitted to the Internal Revenue Service
“(3) Electronic filing and payment
“(A) In general—If any return, claim, statement, or other document required to be filed, or any payment required to be made, within a prescribed period or on or before a prescribed date under authority of any provision of the internal revenue laws is sent electronically by any person to the agency, officer, or office with which such return, claim, statement, or other document is required to be filed, or to which such payment is required to be made, the date on which such return, claim, statement, or other document, or payment, is sent electronically by such person shall be deemed to be the date of delivery or the date of payment, as the case may be, regardless of the date on which the applicable agency, officer, or office receives or reviews such return, claim, statement, document, or payment.
“(B) Regulations—Not later than December 31, 2024, the Secretary shall issue such regulations or other guidance as the Secretary determines necessary to carry out the purposes of this paragraph.”
Sec. 3 Extension of time for making S corporation elections
“(b) When made
“(1) In general—An election under subsection (a) may be made by a small business corporation for any taxable year not later than the due date for filing the return of the S corporation for such taxable year (including extensions).
“(2) Certain elections treated as made for next taxable year—If—
“(A) an election under subsection (a) is made for any taxable year within the period described in paragraph (1), but
“(B) either—
“(i) on 1 or more days in such taxable year and before the day on which the election was made the corporation did not meet the requirements of subsection (b) of section 1361, or
“(ii) 1 or more of the persons who held stock in the corporation during such taxable year and before the election was made did not consent to the election,
“(3) Authority to treat late elections, etc., as timely—If—
“(A) an election under subsection (a) is made for any taxable year after the date prescribed by this subsection for making such election for such taxable year or no such election is made for any taxable year, and
“(B) the Secretary determines that there was reasonable cause for the failure to timely make such election,
“(4) Election on timely filed returns—Except as otherwise provided by the Secretary, an election under subsection (a) for any taxable year may be made on a timely filed return of the S corporation for such taxable year.
“(5) Secretarial authority—The Secretary may prescribe such regulations, rules, or other guidance as may be necessary or appropriate for purposes of applying this subsection.”
“(E) Authority to treat late revocations as timely—If—
“(i) a revocation under subparagraph (A) is made for any taxable year after the date prescribed by this paragraph for making such revocation for such taxable year or no such revocation is made for any taxable year, and
“(ii) the Secretary determines that there was reasonable cause for the failure to timely make such revocation,”