Section 1 Short title
This Act may be cited as the “Tax Administration Simplification Act”.
Tax Administration Simplification Act
A BILL
To amend the Internal Revenue Code of 1986 to extend the period of time for making S corporation elections, and for other purposes.
Sec. 2 Extension of time for making S corporation elections
In general—
When election made— Section 1362(b)(1) of the Internal Revenue Code of 1986 is amended to read as follows:
“(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).”
Conforming amendments—
Section 1362(b)(2) of such Code is amended—
by striking “during such year and on or before the 15th day of the 3d month of such year” in subparagraph (A) and inserting “within the period described in paragraph (1)”, and
by striking “made during the first 2 ½ months” in the heading thereof.
Section 1362(b) of such Code is amended by striking paragraphs (3) and (4) and by redesignating paragraph (5) as paragraph (3).
Section 1362(b)(3) of such Code, as redesignated by subparagraph (B), is amended—
by striking “(determined without regard to paragraph (3))” in subparagraph (A), and
by striking “(and paragraph (3) shall not apply)”.
Section 1362(b) of such Code, as amended by the preceding provisions of this subsection, is amended by adding at the end the following new paragraphs:
“(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 necessary to implement this subsection, including forms or other guidance for making the election in the manner described by this subsection.”
Coordination with certain other provisions—
Qualified subchapter S subsidiaries— Section 1361(b)(3)(B) of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence:
Qualified subchapter S trusts— Section 1361(d)(2) of such Code is amended by striking subparagraph (D).
by striking “subparagraph (D)” in subparagraph (C) and inserting “subparagraphs (D) and (E)”, and
by adding at the end the following new subparagraph:
“(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,”
Effective date—
In general— Except as otherwise provided in this subsection, the amendments made by this section shall apply to elections for taxable years beginning after the last day of the calendar year which includes the date of the enactment of this Act.
Revocations— The amendments made by subsection (c) shall apply to revocations made after the date of the enactment of this Act.
Sec. 3 Quarterly installments for estimated income tax payments by individuals
In general— The table contained in section 6654(c)(2) of the Internal Revenue Code of 1986 is amended—
by striking “June 15” and inserting “July 15”, and
by striking “September 15” and inserting “October 15”.
Effective date— The amendments made by this section shall apply to installments due in taxable years beginning after the date of the enactment of this Act.
Sec. 4 Extension of mailbox rule to electronic submissions and payments
in the heading, by inserting “and payment” after “filing”,
in paragraph (2)—
in the heading, by striking “; electronic filing”, and
by striking “and electronic filing”, and
by adding at the end the following:
“(3) Electronic filing and payment
“(A) In general—In the case of any document which the Secretary has permitted to be filed by electronic means (or, in the case of any payment, which the Secretary has permitted to be made by electronic means), if such document or payment is—
“(i) transmitted by the permitted electronic means to the agency, officer, or office to which the document was required to be filed (or payment was required to be made) on or before the prescribed date (or within the period required) with respect to such document or payment, and
“(ii) received (or, in the case of a payment, received and accounted for) after the prescribed date or period required with respect to such document or payment,
“(B) Regulations—Not later than the date which is 1 year after the date of enactment of the Tax Administration Simplification Act, the Secretary shall issue such regulations or other guidance as the Secretary determines necessary to carry out the purposes of this paragraph.”
Effective date— The amendments made by subsection (a) shall apply to any document or payment sent on or after the date which is 1 year after the date of enactment of this Act.