PUBLIC LAW 104–168—JULY 30, 1996

TAXPAYER BILL OF RIGHTS 2
110 STAT. 1452 PUBLIC LAW 104–168—JULY 30, 1996

Public Law 104–168

104th Congress

An Act

To amend the Internal Revenue Code of 1986 to provide for increased taxpayer

protections.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Taxpayer

Bill of Rights 2’’.

(b) AMENDMENT OF 1986 CODE.—Except as otherwise expressly

provided, whenever in this Act an amendment or repeal is expressed

in terms of an amendment to, or repeal of, a section or other

provision, the reference shall be considered to be made to a section

or other provision of the Internal Revenue Code of 1986.

(c) TABLE OF CONTENTS.—

Sec. 1. Short title; amendment of 1986 Code; table of contents.

TITLE I—TAXPAYER ADVOCATE

Sec. 101. Establishment of position of Taxpayer Advocate within Internal Revenue

Service.

Sec. 102. Expansion of authority to issue Taxpayer Assistance Orders.

TITLE II—MODIFICATIONS TO INSTALLMENT AGREEMENT PROVISIONS

Sec. 201. Notification of reasons for termination of installment agreements.

Sec. 202. Administrative review of termination of installment agreement.

TITLE III—ABATEMENT OF INTEREST AND PENALTIES

Sec. 301. Expansion of authority to abate interest.

Sec. 302. Review of IRS failure to abate interest.

Sec. 303. Extension of interest-free period for payment of tax after notice and demand.

Sec. 304. Abatement of penalty for failure to make required deposits of payroll

taxes in certain cases.

TITLE IV—JOINT RETURNS

Sec. 401. Studies of joint return-related issues.

Sec. 402. Joint return may be made after separate returns without full payment of

tax.

Sec. 403. Disclosure of collection activities.

TITLE V—COLLECTION ACTIVITIES

Sec. 501. Modifications to lien and levy provisions.

Sec. 502. Modifications to certain levy exemption amounts.

Sec. 503. Offers-in-compromise.

TITLE VI—INFORMATION RETURNS

Sec. 601. Civil damages for fraudulent filing of information returns.

Sec. 602. Requirement to conduct reasonable investigations of information returns.

26 USC 1 note.

Taxpayer Bill of

Rights 2.

July 30, 1996

[H.R. 2337]
PUBLIC LAW 104–168—JULY 30, 1996 110 STAT. 1453

TITLE VII—AWARDING OF COSTS AND CERTAIN FEES

Sec. 701. United States must establish that its position in proceeding was substantially justified.

Sec. 702. Increased limit on attorney fees.

Sec. 703. Failure to agree to extension not taken into account.

Sec. 704. Award of litigation costs permitted in declaratory judgment proceedings.

TITLE VIII—MODIFICATION TO RECOVERY OF CIVIL DAMAGES FOR

UNAUTHORIZED COLLECTION ACTIONS

Sec. 801. Increase in limit on recovery of civil damages for unauthorized collection

actions.

Sec. 802. Court discretion to reduce award for litigation costs for failure to exhaust

administrative remedies.

TITLE IX—MODIFICATIONS TO PENALTY FOR FAILURE TO COLLECT AND

PAY OVER TAX

Sec. 901. Preliminary notice requirement.

Sec. 902. Disclosure of certain information where more than 1 person liable for penalty for failure to collect and pay over tax.

Sec. 903. Right of contribution where more than 1 person liable for penalty for failure to collect and pay over tax.

Sec. 904. Volunteer board members of tax-exempt organizations exempt from penalty for failure to collect and pay over tax.

TITLE X—MODIFICATIONS OF RULES RELATING TO SUMMONSES

Sec. 1001. Enrolled agents included as third-party recordkeepers.

Sec. 1002. Safeguards relating to designated summonses.

Sec. 1003. Annual report to Congress concerning designated summonses.

TITLE XI—RELIEF FROM RETROACTIVE APPLICATION OF TREASURY

DEPARTMENT REGULATIONS

Sec. 1101. Relief from retroactive application of Treasury Department regulations.

TITLE XII—MISCELLANEOUS PROVISIONS

Sec. 1201. Phone number of person providing payee statements required to be

shown on such statement.

Sec. 1202. Required notice of certain payments.

Sec. 1203. Unauthorized enticement of information disclosure.

Sec. 1204. Annual reminders to taxpayers with outstanding delinquent accounts.

Sec. 1205. 5-year extension of authority for undercover operations.

Sec. 1206. Disclosure of Form 8300 information on cash transactions.

Sec. 1207. Disclosure of returns and return information to designee of taxpayer.

Sec. 1208. Study of netting of interest on overpayments and liabilities.

Sec. 1209. Expenses of detection of underpayments and fraud, etc.

Sec. 1210. Use of private delivery services for timely-mailing-as-timely-filing rule.

Sec. 1211. Reports on misconduct of IRS employees.

TITLE XIII—REVENUE OFFSETS

Subtitle A—Application of Failure-to-Pay Penalty to Substitute Returns

Sec. 1301. Application of failure-to-pay penalty to substitute returns.

Subtitle B—Excise Taxes on Amounts of Private Excess Benefits

Sec. 1311. Excise taxes for failure by certain charitable organizations to meet certain qualification requirements.

Sec. 1312. Reporting of certain excise taxes and other information.

Sec. 1313. Exempt organizations required to provide copy of return.

Sec. 1314. Increase in penalties on exempt organizations for failure to file complete

and timely annual returns.

TITLE I—TAXPAYER ADVOCATE

SEC. 101. ESTABLISHMENT OF POSITION OF TAXPAYER ADVOCATE

WITHIN INTERNAL REVENUE SERVICE.

(a) GENERAL RULE.—Section 7802 (relating to Commissioner

of Internal Revenue; Assistant Commissioner (Employee Plans and
110 STAT. 1454 PUBLIC LAW 104–168—JULY 30, 1996

Exempt Organizations)) is amended by adding at the end the following new subsection:

‘‘(d) OFFICE OF TAXPAYER ADVOCATE.—

‘‘(1) IN GENERAL.—There is established in the Internal

Revenue Service an office to be known as the ‘Office of the

Taxpayer Advocate’. Such office shall be under the supervision

and direction of an official to be known as the ‘Taxpayer Advocate’ who shall be appointed by and report directly to the

Commissioner of Internal Revenue. The Taxpayer Advocate

shall be entitled to compensation at the same rate as the

highest level official reporting directly to the Deputy Commissioner of the Internal Revenue Service.

‘‘(2) FUNCTIONS OF OFFICE.—

‘‘(A) IN GENERAL.—It shall be the function of the Office

of Taxpayer Advocate to—

‘‘(i) assist taxpayers in resolving problems with

the Internal Revenue Service,

‘‘(ii) identify areas in which taxpayers have problems in dealings with the Internal Revenue Service,

‘‘(iii) to the extent possible, propose changes in

the administrative practices of the Internal Revenue

Service to mitigate problems identified under clause

(ii), and

‘‘(iv) identify potential legislative changes which

may be appropriate to mitigate such problems.

‘‘(B) ANNUAL REPORTS.—

‘‘(i) OBJECTIVES.—Not later than June 30 of each

calendar year after 1995, the Taxpayer Advocate shall

report to the Committee on Ways and Means of the

House of Representatives and the Committee on

Finance of the Senate on the objectives of the Taxpayer

Advocate for the fiscal year beginning in such calendar

year. Any such report shall contain full and substantive

analysis, in addition to statistical information.

‘‘(ii) ACTIVITIES.—Not later than December 31 of

each calendar year after 1995, the Taxpayer Advocate

shall report to the Committee on Ways and Means

of the House of Representatives and the Committee

on Finance of the Senate on the activities of the Taxpayer Advocate during the fiscal year ending during

such calendar year. Any such report shall contain full

and substantive analysis, in addition to statistical

information, and shall—

‘‘(I) identify the initiatives the Taxpayer Advocate has taken on improving taxpayer services and

Internal Revenue Service responsiveness,

‘‘(II) contain recommendations received from

individuals with the authority to issue Taxpayer

Assistance Orders under section 7811,

‘‘(III) contain a summary of at least 20 of

the most serious problems encountered by taxpayers, including a description of the nature of

such problems,

‘‘(IV) contain an inventory of the items

described in subclauses (I), (II), and (III) for which

action has been taken and the result of such action,

Establishment.

Government

organization.
PUBLIC LAW 104–168—JULY 30, 1996 110 STAT. 1455

‘‘(V) contain an inventory of the items

described in subclauses (I), (II), and (III) for which

action remains to be completed and the period

during which each item has remained on such

inventory,

‘‘(VI) contain an inventory of the items

described in subclauses (II) and (III) for which

no action has been taken, the period during which

each item has remained on such inventory, the

reasons for the inaction, and identify any Internal

Revenue Service official who is responsible for such

inaction,

‘‘(VII) identify any Taxpayer Assistance Order

which was not honored by the Internal Revenue

Service in a timely manner, as specified under

section 7811(b),

‘‘(VIII) contain recommendations for such

administrative and legislative action as may be

appropriate to resolve problems encountered by

taxpayers,

‘‘(IX) describe the extent to which regional

problem resolution officers participate in the selection and evaluation of local problem resolution officers, and

‘‘(X) include such other information as the Taxpayer Advocate may deem advisable.

‘‘(iii) REPORT TO BE SUBMITTED DIRECTLY.—Each

report required under this subparagraph shall be provided directly to the Committees referred to in clauses

(i) and (ii) without any prior review or comment from

the Commissioner, the Secretary of the Treasury, any

other officer or employee of the Department of the

Treasury, or the Office of Management and Budget.

‘‘(3) RESPONSIBILITIES OF COMMISSIONER.—The Commissioner of Internal Revenue shall establish procedures requiring

a formal response to all recommendations submitted to the

Commissioner by the Taxpayer Advocate within 3 months after

submission to the Commissioner.’’.

(b) CONFORMING AMENDMENTS.—

(1) Section 7811 (relating to Taxpayer Assistance Orders)

is amended—

(A) by striking ‘‘the Office of Ombudsman’’ in subsection (a) and inserting ‘‘the Office of the Taxpayer Advocate’’, and

(B) by striking ‘‘Ombudsman’’ each place it appears

(including in the headings of subsections (e) and (f)) and

inserting ‘‘Taxpayer Advocate’’.

(2) The heading for section 7802 is amended to read as

follows:
110 STAT. 1456 PUBLIC LAW 104–168—JULY 30, 1996

‘‘SEC. 7802. COMMISSIONER OF INTERNAL REVENUE; ASSISTANT

COMMISSIONERS; TAXPAYER ADVOCATE.’’.

(3) The table of sections for subchapter A of chapter 80

is amended by striking the item relating to section 7802 and

inserting the following new item:

‘‘Sec. 7802. Commissioner of Internal Revenue; Assistant Commissioners; Taxpayer

Advocate.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect on the date of the enactment of this Act.

SEC. 102. EXPANSION OF AUTHORITY TO ISSUE TAXPAYER ASSISTANCE

ORDERS.

(a) TERMS OF ORDERS.—Subsection (b) of section 7811 (relating

to terms of Taxpayer Assistance Orders) is amended—

(1) by inserting ‘‘within a specified time period’’ after ‘‘the

Secretary’’, and

(2) by inserting ‘‘take any action as permitted by law,’’

after ‘‘cease any action,’’.

(b) LIMITATION ON AUTHORITY TO MODIFY OR RESCIND.—Section

7811(c) (relating to authority to modify or rescind) is amended

to read as follows:

‘‘(c) AUTHORITY TO MODIFY OR RESCIND.—Any Taxpayer Assistance Order issued by the Taxpayer Advocate under this section

may be modified or rescinded—

‘‘(1) only by the Taxpayer Advocate, the Commissioner of

Internal Revenue, or the Deputy Commissioner of Internal

Revenue, and

‘‘(2) only if a written explanation of the reasons for the

modification or rescission is provided to the Taxpayer Advocate.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect on the date of the enactment of this Act.

TITLE II—MODIFICATIONS TO INSTALLMENT AGREEMENT PROVISIONS

SEC. 201. NOTIFICATION OF REASONS FOR TERMINATION OF INSTALLMENT AGREEMENTS.

(a) TERMINATIONS.—Subsection (b) of section 6159 (relating to

extent to which agreements remain in effect) is amended by adding

at the end the following new paragraph:

‘‘(5) NOTICE REQUIREMENTS.—The Secretary may not take

any action under paragraph (2), (3), or (4) unless—

‘‘(A) a notice of such action is provided to the taxpayer

not later than the day 30 days before the date of such

action, and

‘‘(B) such notice includes an explanation why the Secretary intends to take such action.

The preceding sentence shall not apply in any case in which

the Secretary believes that collection of any tax to which an

agreement under this section relates is in jeopardy.’’.

(b) CONFORMING AMENDMENT.—Paragraph (3) of section 6159(b)

is amended to read as follows:

‘‘(3) SUBSEQUENT CHANGE IN FINANCIAL CONDITIONS.—If the

Secretary makes a determination that the financial condition

26 USC 7811

note.

26 USC 7802

note.
PUBLIC LAW 104–168—JULY 30, 1996 110 STAT. 1457

of a taxpayer with whom the Secretary has entered into an

agreement under subsection (a) has significantly changed, the

Secretary may alter, modify, or terminate such agreement.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect on the date 6 months after the date of the enactment of this Act.

SEC. 202. ADMINISTRATIVE REVIEW OF TERMINATION OF INSTALLMENT AGREEMENT.

(a) GENERAL RULE.—Section 6159 (relating to agreements for

payment of tax liability in installments) is amended by adding

at the end the following new subsection:

‘‘(c) ADMINISTRATIVE REVIEW.—The Secretary shall establish

procedures for an independent administrative review of terminations of installment agreements under this section for taxpayers

who request such a review.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect on January 1, 1997.

TITLE III—ABATEMENT OF INTEREST

AND PENALTIES

SEC. 301. EXPANSION OF AUTHORITY TO ABATE INTEREST.

(a) GENERAL RULE.—Paragraph (1) of section 6404(e) (relating

to abatement of interest in certain cases) is amended—

(1) by inserting ‘‘unreasonable’’ before ‘‘error’’ each place

it appears in subparagraphs (A) and (B), and

(2) by striking ‘‘in performing a ministerial act’’ each place

it appears and inserting ‘‘in performing a ministerial or managerial act’’.

(b) CLERICAL AMENDMENT.—The subsection heading for subsection (e) of section 6404 is amended—

(1) by striking ‘‘ASSESSMENTS’’ and inserting ‘‘ABATEMENT’’,

and

(2) by inserting ‘‘UNREASONABLE’’ before ‘‘ERRORS’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply to interest accruing with respect to deficiencies or payments for taxable years beginning after the date of the enactment

of this Act.

SEC. 302. REVIEW OF IRS FAILURE TO ABATE INTEREST.

(a) IN GENERAL.—Section 6404 is amended by adding at the

end the following new subsection:

‘‘(g) REVIEW OF DENIAL OF REQUEST FOR ABATEMENT OF

INTEREST.—

‘‘(1) IN GENERAL.—The Tax Court shall have jurisdiction

over any action brought by a taxpayer who meets the requirements referred to in section 7430(c)(4)(A)(iii) to determine

whether the Secretary’s failure to abate interest under this

section was an abuse of discretion, and may order an abatement, if such action is brought within 180 days after the

date of the mailing of the Secretary’s final determination not

to abate such interest.

‘‘(2) SPECIAL RULES.— Applicability.

Courts.

26 USC 6404

note.

26 USC 6159

note.

26 USC 6159

note.
110 STAT. 1458 PUBLIC LAW 104–168—JULY 30, 1996

‘‘(A) DATE OF MAILING.—Rules similar to the rules of

section 6213 shall apply for purposes of determining the

date of the mailing referred to in paragraph (1).

‘‘(B) RELIEF.—Rules similar to the rules of section

6512(b) shall apply for purposes of this subsection.

‘‘(C) REVIEW.—An order of the Tax Court under this

subsection shall be reviewable in the same manner as

a decision of the Tax Court, but only with respect to the

matters determined in such order.’’.

(b) EFFECTIVE DATE.—The amendment made by this section

shall apply to requests for abatement after the date of the enactment of this Act.

SEC. 303. EXTENSION OF INTEREST-FREE PERIOD FOR PAYMENT OF

TAX AFTER NOTICE AND DEMAND.

(a) GENERAL RULE.—Paragraph (3) of section 6601(e) (relating

to payments made within 10 days after notice and demand) is

amended to read as follows:

‘‘(3) PAYMENTS MADE WITHIN SPECIFIED PERIOD AFTER

NOTICE AND DEMAND.—If notice and demand is made for payment of any amount and if such amount is paid within 21

calendar days (10 business days if the amount for which such

notice and demand is made equals or exceeds $100,000) after

the date of such notice and demand, interest under this section

on the amount so paid shall not be imposed for the period

after the date of such notice and demand.’’.

(b) CONFORMING AMENDMENTS.— (1) Subparagraph (A) of section 6601(e)(2) is amended by

striking ‘‘10 days from the date of notice and demand therefor’’

and inserting ‘‘21 calendar days from the date of notice and

demand therefor (10 business days if the amount for which

such notice and demand is made equals or exceeds $100,000)’’.

(2) Paragraph (3) of section 6651(a) is amended by striking

‘‘10 days of the date of the notice and demand therefor’’ and

inserting ‘‘21 calendar days from the date of notice and demand

therefor (10 business days if the amount for which such notice

and demand is made equals or exceeds $100,000)’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply in the case of any notice and demand given after

December 31, 1996.

SEC. 304. ABATEMENT OF PENALTY FOR FAILURE TO MAKE REQUIRED

DEPOSITS OF PAYROLL TAXES IN CERTAIN CASES.

(a) IN GENERAL.—Section 6656 (relating to failure to make

deposit of taxes) is amended by adding at the end the following

new subsections:

‘‘(c) EXCEPTION FOR FIRST-TIME DEPOSITORS OF EMPLOYMENT

TAXES.—The Secretary may waive the penalty imposed by subsection (a) on a person’s inadvertent failure to deposit any employment tax if—

‘‘(1) such person meets the requirements referred to in

section 7430(c)(4)(A)(iii),

‘‘(2) such failure occurs during the 1st quarter that such

person was required to deposit any employment tax, and

‘‘(3) the return of such tax was filed on or before the

due date.

For purposes of this subsection, the term ‘employment taxes’ means

the taxes imposed by subtitle C.

26 USC 6601

note.

26 USC 6404

note.
PUBLIC LAW 104–168—JULY 30, 1996 110 STAT. 1459

‘‘(d) AUTHORITY TO ABATE PENALTY WHERE DEPOSIT SENT TO

SECRETARY.—The Secretary may abate the penalty imposed by subsection (a) with respect to the first time a depositor is required

to make a deposit if the amount required to be deposited is inadvertently sent to the Secretary instead of to the appropriate government

depository.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall apply to deposits required to be made after the date of the

enactment of this Act.

TITLE IV—JOINT RETURNS

SEC. 401. STUDIES OF JOINT RETURN-RELATED ISSUES.

The Secretary of the Treasury or his delegate and the Comptroller General of the United States shall each conduct separate studies

of—

(1) the effects of changing the liability for tax on a joint

return from being joint and several to being proportionate

to the tax attributable to each spouse,

(2) the effects of providing that, if a divorce decree allocates

liability for tax on a joint return filed before the divorce, the

Secretary may collect such liability only in accordance with

the decree,

(3) whether those provisions of the Internal Revenue Code

of 1986 intended to provide relief to innocent spouses provide

meaningful relief in all cases where such relief is appropriate,

and

(4) the effect of providing that community income (as

defined in section 66(d) of such Code) which, in accordance

with the rules contained in section 879(a) of such Code, would

be treated as the income of one spouse is exempt from a

levy for failure to pay any tax imposed by subtitle A by the

other spouse for a taxable year ending before their marriage.

The reports of such studies shall be submitted to the Committee

on Ways and Means of the House of Representatives and the

Committee on Finance of the Senate within 6 months after the

date of the enactment of this Act.

SEC. 402. JOINT RETURN MAY BE MADE AFTER SEPARATE RETURNS

WITHOUT FULL PAYMENT OF TAX.

(a) GENERAL RULE.—Paragraph (2) of section 6013(b) (relating

to limitations on filing of joint return after filing separate returns)

is amended by striking subparagraph (A) and redesignating the

following subparagraphs accordingly.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall apply to taxable years beginning after the date of the enactment of this Act.

SEC. 403. DISCLOSURE OF COLLECTION ACTIVITIES.

(a) IN GENERAL.—Subsection (e) of section 6103 (relating to

disclosure to persons having material interest) is amended by adding at the end the following new paragraph:

‘‘(8) DISCLOSURE OF COLLECTION ACTIVITIES WITH RESPECT

TO JOINT RETURN.—If any deficiency of tax with respect to

a joint return is assessed and the individuals filing such return

are no longer married or no longer reside in the same household, upon request in writing by either of such individuals,

26 USC 6013

note.

Reports.

26 USC 6656

note.
110 STAT. 1460 PUBLIC LAW 104–168—JULY 30, 1996

the Secretary shall disclose in writing to the individual making

the request whether the Secretary has attempted to collect

such deficiency from such other individual, the general nature

of such collection activities, and the amount collected. The

preceding sentence shall not apply to any deficiency which

may not be collected by reason of section 6502.’’.

(b) EFFECTIVE DATE.—The amendment made by this section

shall apply to requests made after the date of the enactment of

this Act.

TITLE V—COLLECTION ACTIVITIES

SEC. 501. MODIFICATIONS TO LIEN AND LEVY PROVISIONS.

(a) WITHDRAWAL OF CERTAIN NOTICES.—Section 6323 (relating

to validity and priority against certain persons) is amended by

adding at the end the following new subsection:

‘‘(j) WITHDRAWAL OF NOTICE IN CERTAIN CIRCUMSTANCES.—

‘‘(1) IN GENERAL.—The Secretary may withdraw a notice

of a lien filed under this section and this chapter shall be

applied as if the withdrawn notice had not been filed, if the

Secretary determines that—

‘‘(A) the filing of such notice was premature or otherwise not in accordance with administrative procedures of

the Secretary,

‘‘(B) the taxpayer has entered into an agreement under

section 6159 to satisfy the tax liability for which the lien

was imposed by means of installment payments, unless

such agreement provides otherwise,

‘‘(C) the withdrawal of such notice will facilitate the

collection of the tax liability, or

‘‘(D) with the consent of the taxpayer or the Taxpayer

Advocate, the withdrawal of such notice would be in the

best interests of the taxpayer (as determined by the Taxpayer Advocate) and the United States.

Any such withdrawal shall be made by filing notice at the

same office as the withdrawn notice. A copy of such notice

of withdrawal shall be provided to the taxpayer.

‘‘(2) NOTICE TO CREDIT AGENCIES, ETC.—Upon written

request by the taxpayer with respect to whom a notice of

a lien was withdrawn under paragraph (1), the Secretary shall

promptly make reasonable efforts to notify credit reporting

agencies, and any financial institution or creditor whose name

and address is specified in such request, of the withdrawal

of such notice. Any such request shall be in such form as

the Secretary may prescribe.’’.

(b) RETURN OF LEVIED PROPERTY IN CERTAIN CASES.—Section

6343 (relating to authority to release levy and return property)

is amended by adding at the end the following new subsection:

‘‘(d) RETURN OF PROPERTY IN CERTAIN CASES.—If—

‘‘(1) any property has been levied upon, and

‘‘(2) the Secretary determines that—

‘‘(A) the levy on such property was premature or otherwise not in accordance with administrative procedures of

the Secretary,

‘‘(B) the taxpayer has entered into an agreement under

section 6159 to satisfy the tax liability for which the levy

26 USC 6103

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PUBLIC LAW 104–168—JULY 30, 1996 110 STAT. 1461

was imposed by means of installment payments, unless

such agreement provides otherwise,

‘‘(C) the return of such property will facilitate the

collection of the tax liability, or

‘‘(D) with the consent of the taxpayer or the Taxpayer

Advocate, the return of such property would be in the

best interests of the taxpayer (as determined by the Taxpayer Advocate) and the United States,

the provisions of subsection (b) shall apply in the same manner

as if such property had been wrongly levied upon, except that

no interest shall be allowed under subsection (c).’’.

(d) EFFECTIVE DATE.—The amendments made by this section

shall take effect on the date of the enactment of this Act.

SEC. 502. MODIFICATIONS TO CERTAIN LEVY EXEMPTION AMOUNTS.

(a) FUEL, ETC.—Paragraph (2) of section 6334(a) (relating to

fuel, provisions, furniture, and personal effects exempt from levy)

is amended—

(1) by striking ‘‘If the taxpayer is the head of a family,

so’’ and inserting ‘‘So’’,

(2) by striking ‘‘his household’’ and inserting ‘‘the taxpayer’s

household’’, and

(3) by striking ‘‘$1,650 ($1,550 in the case of levies issued

during 1989)’’ and inserting ‘‘$2,500’’.

(b) BOOKS, ETC.—Paragraph (3) of section 6334(a) (relating

to books and tools of a trade, business, or profession) is amended

by striking ‘‘$1,100 ($1,050 in the case of levies issued during

1989)’’ and inserting ‘‘$1,250’’.

(c) INFLATION ADJUSTMENT.—Section 6334 (relating to property

exempt from levy) is amended by adding at the end the following

new subsection:

‘‘(f) INFLATION ADJUSTMENT.—

‘‘(1) IN GENERAL.—In the case of any calendar year beginning after 1997, each dollar amount referred to in paragraphs

(2) and (3) of subsection (a) shall be increased by an amount

equal to—

‘‘(A) such dollar amount, multiplied by

‘‘(B) the cost-of-living adjustment determined under

section 1(f)(3) for such calendar year, by substituting ‘calendar year 1996’ for ‘calendar year 1992’ in subparagraph

(B) thereof.

‘‘(2) ROUNDING.—If any dollar amount after being increased

under paragraph (1) is not a multiple of $10, such dollar amount

shall be rounded to the nearest multiple of $10.’’.

(d) EFFECTIVE DATE.—The amendments made by this section

shall take effect with respect to levies issued after December 31,

1996.

SEC. 503. OFFERS-IN-COMPROMISE.

(a) REVIEW REQUIREMENTS.—Subsection (b) of section 7122

(relating to records) is amended by striking ‘‘$500.’’ and inserting

‘‘$50,000. However, such compromise shall be subject to continuing

quality review by the Secretary.’’.

(b) EFFECTIVE DATE.—The amendment made by this section

shall take effect on the date of the enactment of this Act.

26 USC 7122

note.

26 USC 6334

note.

26 USC 6323

note.
110 STAT. 1462 PUBLIC LAW 104–168—JULY 30, 1996

TITLE VI—INFORMATION RETURNS

SEC. 601. CIVIL DAMAGES FOR FRAUDULENT FILING OF INFORMATION

RETURNS.

(a) GENERAL RULE.—Subchapter B of chapter 76 (relating to

proceedings by taxpayers and third parties) is amended by redesignating section 7434 as section 7435 and by inserting after section

7433 the following new section:

‘‘SEC. 7434. CIVIL DAMAGES FOR FRAUDULENT FILING OF INFORMATION RETURNS.

‘‘(a) IN GENERAL.—If any person willfully files a fraudulent

information return with respect to payments purported to be made

to any other person, such other person may bring a civil action

for damages against the person so filing such return.

‘‘(b) DAMAGES.—In any action brought under subsection (a),

upon a finding of liability on the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to the

greater of $5,000 or the sum of—

‘‘(1) any actual damages sustained by the plaintiff as a

proximate result of the filing of the fraudulent information

return (including any costs attributable to resolving deficiencies

asserted as a result of such filing),

‘‘(2) the costs of the action, and

‘‘(3) in the court’s discretion, reasonable attorneys fees.

‘‘(c) PERIOD FOR BRINGING ACTION.—Notwithstanding any other

provision of law, an action to enforce the liability created under

this section may be brought without regard to the amount in

controversy and may be brought only within the later of—

‘‘(1) 6 years after the date of the filing of the fraudulent

information return, or

‘‘(2) 1 year after the date such fraudulent information

return would have been discovered by exercise of reasonable

care.

‘‘(d) COPY OF COMPLAINT FILED WITH IRS—Any person bringing

an action under subsection (a) shall provide a copy of the complaint

to the Internal Revenue Service upon the filing of such complaint

with the court.

‘‘(e) FINDING OF COURT TO INCLUDE CORRECT AMOUNT OF PAYMENT.—The decision of the court awarding damages in an action

brought under subsection (a) shall include a finding of the correct

amount which should have been reported in the information return.

‘‘(f) INFORMATION RETURN.—For purposes of this section, the

term ‘information return’ means any statement described in section

6724(d)(1)(A).’’.

(b) CLERICAL AMENDMENT.—The table of sections for subchapter

B of chapter 76 is amended by striking the item relating to section

7434 and inserting the following:

‘‘Sec. 7434. Civil damages for fraudulent filing of information returns.

‘‘Sec. 7435. Cross references.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply to fraudulent information returns filed after the date

of the enactment of this Act.

26 USC 7434

note.
PUBLIC LAW 104–168—JULY 30, 1996 110 STAT. 1463

SEC. 602. REQUIREMENT TO CONDUCT REASONABLE INVESTIGATIONS

OF INFORMATION RETURNS.

(a) GENERAL RULE.—Section 6201 (relating to assessment

authority) is amended by redesignating subsection (d) as subsection

(e) and by inserting after subsection (c) the following new subsection:

‘‘(d) REQUIRED REASONABLE VERIFICATION OF INFORMATION

RETURNS.—In any court proceeding, if a taxpayer asserts a reasonable dispute with respect to any item of income reported on an

information return filed with the Secretary under subpart B or

C of part III of subchapter A of chapter 61 by a third party

and the taxpayer has fully cooperated with the Secretary (including

providing, within a reasonable period of time, access to and inspection of all witnesses, information, and documents within the control

of the taxpayer as reasonably requested by the Secretary), the

Secretary shall have the burden of producing reasonable and probative information concerning such deficiency in addition to such

information return.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect on the date of the enactment of this Act.

TITLE VII—AWARDING OF COSTS AND

CERTAIN FEES

SEC. 701. UNITED STATES MUST ESTABLISH THAT ITS POSITION IN

PROCEEDING WAS SUBSTANTIALLY JUSTIFIED.

(a) GENERAL RULE.—Subparagraph (A) of section 7430(c)(4)

(defining prevailing party) is amended by striking clause (i) and

by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively.

(b) BURDEN OF PROOF ON UNITED STATES.—Paragraph (4) of

section 7430(c) is amended by redesignating subparagraph (B) as

subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph:

‘‘(B) EXCEPTION IF UNITED STATES ESTABLISHES THAT

ITS POSITION WAS SUBSTANTIALLY JUSTIFIED.—

‘‘(i) GENERAL RULE.—A party shall not be treated

as the prevailing party in a proceeding to which subsection (a) applies if the United States establishes that

the position of the United States in the proceeding

was substantially justified.

‘‘(ii) PRESUMPTION OF NO JUSTIFICATION IF

INTERNAL REVENUE SERVICE DID NOT FOLLOW CERTAIN

PUBLISHED GUIDANCE.—For purposes of clause (i), the

position of the United States shall be presumed not

to be substantially justified if the Internal Revenue

Service did not follow its applicable published guidance

in the administrative proceeding. Such presumption

may be rebutted.

‘‘(iii) APPLICABLE PUBLISHED GUIDANCE.—For purposes of clause (ii), the term ‘applicable published guidance’ means—

‘‘(I) regulations, revenue rulings, revenue

procedures, information releases, notices, and

announcements, and

26 USC 6201

note.
110 STAT. 1464 PUBLIC LAW 104–168—JULY 30, 1996

‘‘(II) any of the following which are issued

to the taxpayer: private letter rulings, technical

advice memoranda, and determination letters.’’.

(c) CONFORMING AMENDMENTS.— (1) Subparagraph (B) of section 7430(c)(2) is amended by

striking ‘‘paragraph (4)(B)’’ and inserting ‘‘paragraph (4)(C)’’.

(2) Subparagraph (C) of section 7430(c)(4), as redesignated

by subsection (b), is amended by striking ‘‘subparagraph (A)’’

and inserting ‘‘this paragraph’’.

(3) Sections 6404(g) and 6656(c)(1), as amended by this

Act, are each amended by striking ‘‘section 7430(c)(4)(A)(iii)’’

and inserting ‘‘section 7430(c)(4)(A)(ii)’’.

(d) EFFECTIVE DATE.—The amendments made by this section

shall apply in the case of proceedings commenced after the date

of the enactment of this Act.

SEC. 702. INCREASED LIMIT ON ATTORNEY FEES.

(a) IN GENERAL.—Paragraph (1) of section 7430(c) (defining

reasonable litigation costs) is amended—

(1) by striking ‘‘$75’’ in clause (iii) of subparagraph (B)

and inserting ‘‘$110’’,

(2) by striking ‘‘an increase in the cost of living or’’ in

clause (iii) of subparagraph (B), and

(3) by adding after clause (iii) the following:

‘‘In the case of any calendar year beginning after 1996, the

dollar amount referred to in clause (iii) shall be increased

by an amount equal to such dollar amount multiplied by the

cost-of-living adjustment determined under section 1(f)(3) for

such calendar year, by substituting ‘calendar year 1995’ for

‘calendar year 1992’ in subparagraph (B) thereof. If any dollar

amount after being increased under the preceding sentence

is not a multiple of $10, such dollar amount shall be rounded

to the nearest multiple of $10.’’.

(b) EFFECTIVE DATE.—The amendment made by this section

shall apply in the case of proceedings commenced after the date

of the enactment of this Act.

SEC. 703. FAILURE TO AGREE TO EXTENSION NOT TAKEN INTO

ACCOUNT.

(a) IN GENERAL.—Paragraph (1) of section 7430(b) (relating

to requirement that administrative remedies be exhausted) is

amended by adding at the end the following new sentence: ‘‘Any

failure to agree to an extension of the time for the assessment

of any tax shall not be taken into account for purposes of determining whether the prevailing party meets the requirements of the

preceding sentence.’’.

(b) EFFECTIVE DATE.—The amendment made by this section

shall apply in the case of proceedings commenced after the date

of the enactment of this Act.

SEC. 704. AWARD OF LITIGATION COSTS PERMITTED IN DECLARATORY

JUDGMENT PROCEEDINGS.

(a) IN GENERAL.—Subsection (b) of section 7430 is amended

by striking paragraph (3) and by redesignating paragraph (4) as

paragraph (3).

(b) EFFECTIVE DATE.—The amendment made by this section

shall apply in the case of proceedings commenced after the date

of the enactment of this Act.

26 USC 7430

note.

26 USC 7430

note.

26 USC 7430

note.

26 USC 6404

note.
PUBLIC LAW 104–168—JULY 30, 1996 110 STAT. 1465

TITLE VIII—MODIFICATION TO RECOVERY OF CIVIL DAMAGES FOR UNAUTHORIZED COLLECTION ACTIONS

SEC. 801. INCREASE IN LIMIT ON RECOVERY OF CIVIL DAMAGES FOR

UNAUTHORIZED COLLECTION ACTIONS.

(a) GENERAL RULE.—Subsection (b) of section 7433 (relating

to damages) is amended by striking ‘‘$100,000’’ and inserting

‘‘$1,000,000’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall apply to actions by officers or employees of the Internal

Revenue Service after the date of the enactment of this Act.

SEC. 802. COURT DISCRETION TO REDUCE AWARD FOR LITIGATION

COSTS FOR FAILURE TO EXHAUST ADMINISTRATIVE

REMEDIES.

(a) GENERAL RULE.—Paragraph (1) of section 7433(d) (relating

to civil damages for certain unauthorized collection actions) is

amended to read as follows:

‘‘(1) AWARD FOR DAMAGES MAY BE REDUCED IF ADMINISTRATIVE REMEDIES NOT EXHAUSTED.—The amount of damages

awarded under subsection (b) may be reduced if the court

determines that the plaintiff has not exhausted the administrative remedies available to such plaintiff within the Internal

Revenue Service.’’.

(b) EFFECTIVE DATE.—The amendment made by this section

shall apply in the case of proceedings commenced after the date

of the enactment of this Act.

TITLE IX—MODIFICATIONS TO PENALTY

FOR FAILURE TO COLLECT AND PAY

OVER TAX

SEC. 901. PRELIMINARY NOTICE REQUIREMENT.

(a) IN GENERAL.—Section 6672 (relating to failure to collect

and pay over tax, or attempt to evade or defeat tax) is amended

by redesignating subsection (b) as subsection (c) and by inserting

after subsection (a) the following new subsection:

‘‘(b) PRELIMINARY NOTICE REQUIREMENT.—

‘‘(1) IN GENERAL.—No penalty shall be imposed under subsection (a) unless the Secretary notifies the taxpayer in writing

by mail to an address as determined under section 6212(b)

that the taxpayer shall be subject to an assessment of such

penalty.

‘‘(2) TIMING OF NOTICE.—The mailing of the notice described

in paragraph (1) shall precede any notice and demand of any

penalty under subsection (a) by at least 60 days.

‘‘(3) STATUTE OF LIMITATIONS.—If a notice described in paragraph (1) with respect to any penalty is mailed before the

expiration of the period provided by section 6501 for the assessment of such penalty (determined without regard to this paragraph), the period provided by such section for the assessment

of such penalty shall not expire before the later of—

26 USC 7433

note.

26 USC 7433

note.
110 STAT. 1466 PUBLIC LAW 104–168—JULY 30, 1996

‘‘(A) the date 90 days after the date on which such

notice was mailed, or

‘‘(B) if there is a timely protest of the proposed assessment, the date 30 days after the Secretary makes a final

administrative determination with respect to such protest.

‘‘(4) EXCEPTION FOR JEOPARDY.—This subsection shall not

apply if the Secretary finds that the collection of the penalty

is in jeopardy.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall apply to proposed assessments made after June 30, 1996.

SEC. 902. DISCLOSURE OF CERTAIN INFORMATION WHERE MORE THAN

1 PERSON LIABLE FOR PENALTY FOR FAILURE TO COLLECT AND PAY OVER TAX.

(a) IN GENERAL.—Subsection (e) of section 6103 (relating to

disclosure to persons having material interest), as amended by

section 403, is amended by adding at the end the following new

paragraph:

‘‘(9) DISCLOSURE OF CERTAIN INFORMATION WHERE MORE

THAN 1 PERSON SUBJECT TO PENALTY UNDER SECTION 6672.—

If the Secretary determines that a person is liable for a penalty

under section 6672(a) with respect to any failure, upon request

in writing of such person, the Secretary shall disclose in writing

to such person—

‘‘(A) the name of any other person whom the Secretary

has determined to be liable for such penalty with respect

to such failure, and

‘‘(B) whether the Secretary has attempted to collect

such penalty from such other person, the general nature

of such collection activities, and the amount collected.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect on the date of the enactment of this Act.

SEC. 903. RIGHT OF CONTRIBUTION WHERE MORE THAN 1 PERSON

LIABLE FOR PENALTY FOR FAILURE TO COLLECT AND

PAY OVER TAX.

(a) IN GENERAL.—Section 6672 (relating to failure to collect

and pay over tax, or attempt to evade or defeat tax) is amended

by adding at the end the following new subsection:

‘‘(d) RIGHT OF CONTRIBUTION WHERE MORE THAN 1 PERSON

LIABLE FOR PENALTY.—If more than 1 person is liable for the

penalty under subsection (a) with respect to any tax, each person

who paid such penalty shall be entitled to recover from other

persons who are liable for such penalty an amount equal to the

excess of the amount paid by such person over such person’s proportionate share of the penalty. Any claim for such a recovery may

be made only in a proceeding which is separate from, and is not

joined or consolidated with—

‘‘(1) an action for collection of such penalty brought by

the United States, or

‘‘(2) a proceeding in which the United States files a counterclaim or third-party complaint for the collection of such penalty.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall apply to penalties assessed after the date of the enactment

of this Act.

26 USC 6672

note.

26 USC 6103

note.

26 USC 6672

note.
PUBLIC LAW 104–168—JULY 30, 1996 110 STAT. 1467

SEC. 904. VOLUNTEER BOARD MEMBERS OF TAX-EXEMPT ORGANIZATIONS EXEMPT FROM PENALTY FOR FAILURE TO COLLECT AND PAY OVER TAX.

(a) IN GENERAL.—Section 6672 is amended by adding at the

end the following new subsection:

‘‘(e) EXCEPTION FOR VOLUNTARY BOARD MEMBERS OF TAXEXEMPT ORGANIZATIONS.—No penalty shall be imposed by subsection (a) on any unpaid, volunteer member of any board of trustees

or directors of an organization exempt from tax under subtitle

A if such member—

‘‘(1) is solely serving in an honorary capacity,

‘‘(2) does not participate in the day-to-day or financial

operations of the organization, and

‘‘(3) does not have actual knowledge of the failure on which

such penalty is imposed.

The preceding sentence shall not apply if it results in no person

being liable for the penalty imposed by subsection (a).’’.

(b) PUBLIC INFORMATION REQUIREMENTS.—

(1) IN GENERAL.—The Secretary of the Treasury or the

Secretary’s delegate (hereafter in this subsection referred to

as the ‘‘Secretary’’) shall take such actions as may be appropriate to ensure that employees are aware of their responsibilities under the Federal tax depository system, the circumstances under which employees may be liable for the penalty imposed by section 6672 of the Internal Revenue Code

of 1986, and the responsibility to promptly report to the Internal

Revenue Service any failure referred to in subsection (a) of

such section 6672. Such actions shall include—

(A) printing of a warning on deposit coupon booklets

and the appropriate tax returns that certain employees

may be liable for the penalty imposed by such section

6672, and

(B) the development of a special information packet.

(2) DEVELOPMENT OF EXPLANATORY MATERIALS.—The Secretary shall develop materials explaining the circumstances

under which board members of tax-exempt organizations

(including voluntary and honorary members) may be subject

to penalty under section 6672 of such Code. Such materials

shall be made available to tax-exempt organizations.

(3) IRS INSTRUCTIONS.—The Secretary shall clarify the

instructions to Internal Revenue Service employees on the

application of the penalty under section 6672 of such Code

with regard to voluntary members of boards of trustees or

directors of tax-exempt organizations.

TITLE X—MODIFICATIONS OF RULES

RELATING TO SUMMONSES

SEC. 1001. ENROLLED AGENTS INCLUDED AS THIRD-PARTY RECORDKEEPERS.

(a) IN GENERAL.—Paragraph (3) of section 7609(a) (relating

to third-party recordkeeper defined) is amended by striking ‘‘and’’

at the end of subparagraph (G), by striking the period at the

end of subparagraph (H) and inserting ‘‘; and’’, and by adding

at the end the following the subparagraph:

26 USC 6672

note.
110 STAT. 1468 PUBLIC LAW 104–168—JULY 30, 1996

‘‘(I) any enrolled agent.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall apply to summonses issued after the date of the enactment

of this Act.

SEC. 1002. SAFEGUARDS RELATING TO DESIGNATED SUMMONSES.

(a) STANDARD OF REVIEW.—Subparagraph (A) of section

6503(k)(2) (defining designated summons) is amended by

redesignating clauses (i) and (ii) as clauses (ii) and (iii), respectively,

and by inserting before clause (ii) (as so redesignated) the following

new clause:

‘‘(i) the issuance of such summons is preceded by

a review of such issuance by the regional counsel of

the Office of Chief Counsel for the region in which

the examination of the corporation is being conducted,’’.

(b) LIMITATION ON PERSONS TO WHOM DESIGNATED SUMMONS

MAY BE ISSUED.—Paragraph (1) of section 6503(k) is amended

by striking ‘‘with respect to any return of tax by a corporation’’

and inserting ‘‘to a corporation (or to any other person to whom

the corporation has transferred records) with respect to any return

of tax by such corporation for a taxable year (or other period)

for which such corporation is being examined under the coordinated

examination program (or any successor program) of the Internal

Revenue Service’’.

(c) CLERICAL AMENDMENT.—Section 6503 is amended by

redesignating subsections (k) and (l) (as amended by this section)

as subsections (j) and (k), respectively.

(d) EFFECTIVE DATE.—The amendments made by this section

shall apply to summonses issued after the date of the enactment

of this Act.

SEC. 1003. ANNUAL REPORT TO CONGRESS CONCERNING DESIGNATED

SUMMONSES.

Not later than December 31 of each calendar year after 1995,

the Secretary of the Treasury or his delegate shall report to the

Committee on Ways and Means of the House of Representatives

and the Committee on Finance of the Senate on the number of

designated summonses (as defined in section 6503(j) of the Internal

Revenue Code of 1986) which were issued during the preceding

12 months.

TITLE XI—RELIEF FROM RETROACTIVE

APPLICATION OF TREASURY DEPARTMENT REGULATIONS

SEC. 1101. RELIEF FROM RETROACTIVE APPLICATION OF TREASURY

DEPARTMENT REGULATIONS.

(a) IN GENERAL.—Subsection (b) of section 7805 (relating to

rules and regulations) is amended to read as follows:

‘‘(b) RETROACTIVITY OF REGULATIONS.—

‘‘(1) IN GENERAL.—Except as otherwise provided in this

subsection, no temporary, proposed, or final regulation relating

to the internal revenue laws shall apply to any taxable period

ending before the earliest of the following dates:

26 USC 6503

note.

26 USC 6503

note.

26 USC 7609

note.
PUBLIC LAW 104–168—JULY 30, 1996 110 STAT. 1469

‘‘(A) The date on which such regulation is filed with

the Federal Register.

‘‘(B) In the case of any final regulation, the date on

which any proposed or temporary regulation to which such

final regulation relates was filed with the Federal Register.

‘‘(C) The date on which any notice substantially

describing the expected contents of any temporary, proposed, or final regulation is issued to the public.

‘‘(2) EXCEPTION FOR PROMPTLY ISSUED REGULATIONS.—Paragraph (1) shall not apply to regulations filed or issued within

18 months of the date of the enactment of the statutory provision to which the regulation relates.

‘‘(3) PREVENTION OF ABUSE.—The Secretary may provide

that any regulation may take effect or apply retroactively to

prevent abuse.

‘‘(4) CORRECTION OF PROCEDURAL DEFECTS.—The Secretary

may provide that any regulation may apply retroactively to

correct a procedural defect in the issuance of any prior regulation.

‘‘(5) INTERNAL REGULATIONS.—The limitation of paragraph

(1) shall not apply to any regulation relating to internal Treasury Department policies, practices, or procedures.

‘‘(6) CONGRESSIONAL AUTHORIZATION.—The limitation of

paragraph (1) may be superseded by a legislative grant from

Congress authorizing the Secretary to prescribe the effective

date with respect to any regulation.

‘‘(7) ELECTION TO APPLY RETROACTIVELY.—The Secretary

may provide for any taxpayer to elect to apply any regulation

before the dates specified in paragraph (1).

‘‘(8) APPLICATION TO RULINGS.—The Secretary may prescribe the extent, if any, to which any ruling (including any

judicial decision or any administrative determination other than

by regulation) relating to the internal revenue laws shall be

applied without retroactive effect.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall apply with respect to regulations which relate to statutory

provisions enacted on or after the date of the enactment of this

Act.

TITLE XII—MISCELLANEOUS

PROVISIONS

SEC. 1201. PHONE NUMBER OF PERSON PROVIDING PAYEE STATEMENTS REQUIRED TO BE SHOWN ON SUCH STATEMENT.

(a) GENERAL RULE.—The following provisions are each amended

by striking ‘‘name and address’’ and inserting ‘‘name, address, and

phone number of the information contact’’:

(1) Section 6041(d)(1).

(2) Section 6041A(e)(1).

(3) Section 6042(c)(1).

(4) Section 6044(e)(1).

(5) Section 6045(b)(1).

(6) Section 6049(c)(1)(A).

(7) Section 6050B(b)(1).

(8) Section 6050H(d)(1).

(9) Section 6050I(e)(1).

26 USC 7805

note.
110 STAT. 1470 PUBLIC LAW 104–168—JULY 30, 1996

(10) Section 6050J(e).

(11) Section 6050K(b)(1).

(12) Section 6050N(b)(1).

(b) EFFECTIVE DATE.—The amendments made by subsection

(a) shall apply to statements required to be furnished after December 31, 1996 (determined without regard to any extension).

SEC. 1202. REQUIRED NOTICE OF CERTAIN PAYMENTS.

If any payment is received by the Secretary of the Treasury

or his delegate from any taxpayer and the Secretary cannot associate such payment with such taxpayer, the Secretary shall make

reasonable efforts to notify the taxpayer of such inability within

60 days after the receipt of such payment.

SEC. 1203. UNAUTHORIZED ENTICEMENT OF INFORMATION DISCLOSURE.

(a) IN GENERAL.—Subchapter B of chapter 76 (relating to

proceedings by taxpayers and third parties), as amended by section

601(a), is amended by redesignating section 7435 as section 7436

and by inserting after section 7434 the following new section:

‘‘SEC. 7435. CIVIL DAMAGES FOR UNAUTHORIZED ENTICEMENT OF

INFORMATION DISCLOSURE.

‘‘(a) IN GENERAL.—If any officer or employee of the United

States intentionally compromises the determination or collection

of any tax due from an attorney, certified public accountant, or

enrolled agent representing a taxpayer in exchange for information

conveyed by the taxpayer to the attorney, certified public accountant, or enrolled agent for purposes of obtaining advice concerning

the taxpayer’s tax liability, such taxpayer may bring a civil action

for damages against the United States in a district court of the

United States. Such civil action shall be the exclusive remedy

for recovering damages resulting from such actions.

‘‘(b) DAMAGES.—In any action brought under subsection (a),

upon a finding of liability on the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to the

lesser of $500,000 or the sum of—

‘‘(1) actual, direct economic damages sustained by the plaintiff as a proximate result of the information disclosure, and

‘‘(2) the costs of the action.

Damages shall not include the taxpayer’s liability for any civil

or criminal penalties, or other losses attributable to incarceration

or the imposition of other criminal sanctions.

‘‘(c) PAYMENT AUTHORITY.—Claims pursuant to this section

shall be payable out of funds appropriated under section 1304

of title 31, United States Code.

‘‘(d) PERIOD FOR BRINGING ACTION.—Notwithstanding any other

provision of law, an action to enforce liability created under this

section may be brought without regard to the amount in controversy

and may be brought only within 2 years after the date the actions

creating such liability would have been discovered by exercise of

reasonable care.

‘‘(e) MANDATORY STAY.—Upon a certification by the Commissioner or the Commissioner’s delegate that there is an ongoing

investigation or prosecution of the taxpayer, the district court before

which an action under this section is pending shall stay all proceedings with respect to such action pending the conclusion of the

investigation or prosecution.

26 USC 6311

note.

26 USC 6041

note.
PUBLIC LAW 104–168—JULY 30, 1996 110 STAT. 1471

‘‘(f) CRIME-FRAUD EXCEPTION.—Subsection (a) shall not apply

to information conveyed to an attorney, certified public accountant,

or enrolled agent for the purpose of perpetrating a fraud or crime.’’.

(b) CLERICAL AMENDMENT.—The table of sections for subchapter

B of chapter 76, as amended by section 601(b), is amended by

striking the item relating to section 7435 and by adding at the

end the following new items:

‘‘Sec. 7435. Civil damages for unauthorized enticement of information disclosure.

‘‘Sec. 7436. Cross references.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply to actions after the date of the enactment of this

Act.

SEC. 1204. ANNUAL REMINDERS TO TAXPAYERS WITH OUTSTANDING

DELINQUENT ACCOUNTS.

(a) IN GENERAL.—Chapter 77 (relating to miscellaneous provisions) is amended by adding at the end the following new section:

‘‘SEC. 7524. ANNUAL NOTICE OF TAX DELINQUENCY.

‘‘Not less often than annually, the Secretary shall send a written notice to each taxpayer who has a tax delinquent account

of the amount of the tax delinquency as of the date of the notice.’’.

(b) CLERICAL AMENDMENT.—The table of sections for chapter

77 is amended by adding at the end the following new item:

‘‘Sec. 7524. Annual notice of tax delinquency.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply to calendar years after 1996.

SEC. 1205. 5-YEAR EXTENSION OF AUTHORITY FOR UNDERCOVER

OPERATIONS.

(a) IN GENERAL.—Paragraph (3) of section 7601(c) of the AntiDrug Abuse Act of 1988 is amended by striking all that follows

‘‘this Act’’ and inserting a period.

(b) RESTORATION OF AUTHORITY FOR 5 YEARS.—Subsection (c)

of section 7608 is amended by adding at the end the following

new paragraph:

‘‘(6) APPLICATION OF SECTION.—The provisions of this subsection—

‘‘(A) shall apply after November 17, 1988, and before

January 1, 1990, and

‘‘(B) shall apply after the date of the enactment of

this paragraph and before January 1, 2001.

All amounts expended pursuant to this subsection during the

period described in subparagraph (B) shall be recovered to

the extent possible, and deposited in the Treasury of the United

States as miscellaneous receipts, before January 1, 2001.’’.

(c) ENHANCED OVERSIGHT.—

(1) ADDITIONAL INFORMATION REQUIRED IN REPORTS TO CONGRESS.—Subparagraph (B) of section 7608(c)(4) is amended—

(A) by striking ‘‘preceding the period’’ in clause (ii),

(B) by striking ‘‘and’’ at the end of clause (ii), and

(C) by striking clause (iii) and inserting the following:

‘‘(iii) the number, by programs, of undercover

investigative operations closed in the 1-year period

for which such report is submitted, and

‘‘(iv) the following information with respect to each

undercover investigative operation pending as of the

26 USC 7524

note.

26 USC 7435

note.
110 STAT. 1472 PUBLIC LAW 104–168—JULY 30, 1996

end of the 1-year period for which such report is

submitted or closed during such 1-year period—

‘‘(I) the date the operation began and the date

of the certification referred to in the last sentence

of paragraph (1),

‘‘(II) the total expenditures under the operation and the amount and use of the proceeds

from the operation,

‘‘(III) a detailed description of the operation

including the potential violation being investigated

and whether the operation is being conducted

under grand jury auspices, and

‘‘(IV) the results of the operation including

the results of criminal proceedings.’’.

(2) AUDITS REQUIRED WITHOUT REGARD TO AMOUNTS

INVOLVED.—Subparagraph (C) of section 7608(c)(5) is amended

to read as follows:

‘‘(C) UNDERCOVER INVESTIGATIVE OPERATION.—The

term ‘undercover investigative operation’ means any undercover investigative operation of the Service; except that,

for purposes of subparagraphs (A) and (C) of paragraph

(4), such term only includes an operation which is exempt

from section 3302 or 9102 of title 31, United States Code.’’.

(3) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on the date of the enactment of this

Act.

SEC. 1206. DISCLOSURE OF FORM 8300 INFORMATION ON CASH TRANSACTIONS.

(a) IN GENERAL.—Subsection (l) of section 6103 (relating to

disclosure of returns and return information for purposes other

than tax administration) is amended by adding at the end the

following new paragraph:

‘‘(15) DISCLOSURE OF RETURNS FILED UNDER SECTION

6050I.—The Secretary may, upon written request, disclose to

officers and employees of—

‘‘(A) any Federal agency,

‘‘(B) any agency of a State or local government, or

‘‘(C) any agency of the government of a foreign country,

information contained on returns filed under section 6050I.

Any such disclosure shall be made on the same basis, and

subject to the same conditions, as apply to disclosures of

information on reports filed under section 5313 of title 31,

United States Code; except that no disclosure under this paragraph shall be made for purposes of the administration of

any tax law.’’.

(b) CONFORMING AMENDMENTS.—

(1) Subsection (i) of section 6103 is amended by striking

paragraph (8).

(2) Subparagraph (A) of section 6103(p)(3) is amended—

(A) by striking ‘‘(7)(A)(ii), or (8)’’ and inserting ‘‘or

(7)(A)(ii)’’, and

(B) by striking ‘‘or (14)’’ and inserting ‘‘(14), or (15)’’.

(3) The material preceding subparagraph (A) of section

6103(p)(4) is amended—

(A) by striking ‘‘(5), or (8)’’ and inserting ‘‘or (5)’’,

26 USC 7608

note.
PUBLIC LAW 104–168—JULY 30, 1996 110 STAT. 1473

(B) by striking ‘‘(i)(3)(B)(i), or (8)’’ and inserting

‘‘(i)(3)(B)(i),’’, and

(C) by striking ‘‘or (12)’’ and inserting ‘‘(12), or (15)’’.

(4) Clause (ii) of section 6103(p)(4)(F) is amended—

(A) by striking ‘‘(5), or (8)’’ and inserting ‘‘or (5)’’, and

(B) by striking ‘‘or (14)’’ and inserting ‘‘(14), or (15)’’.

(5) Paragraph (2) of section 7213(a) is amended by striking

‘‘or (12)’’ and inserting ‘‘(12), or (15)’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect on the date of the enactment of this Act.

SEC. 1207. DISCLOSURE OF RETURNS AND RETURN INFORMATION TO

DESIGNEE OF TAXPAYER.

Subsection (c) of section 6103 (relating to disclosure of returns

and return information to designee of taxpayer) is amended by

striking ‘‘written request for or consent to such disclosure’’ and

inserting ‘‘request for or consent to such disclosure’’.

SEC. 1208. STUDY OF NETTING OF INTEREST ON OVERPAYMENTS AND

LIABILITIES.

(a) IN GENERAL.—The Secretary of the Treasury or his delegate

shall—

(1) conduct a study of the manner in which the Internal

Revenue Service has implemented the netting of interest on

overpayments and underpayments and of the policy and

administrative implications of global netting, and

(2) before submitting the report of such study, hold a public

hearing to receive comments on the matters included in such

study.

(b) REPORT.—The report of such study shall be submitted not

later than 6 months after the date of the enactment of this Act

to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.

SEC. 1209. EXPENSES OF DETECTION OF UNDERPAYMENTS AND

FRAUD, ETC.

(a) IN GENERAL.—Section 7623 (relating to expenses of deduction and punishment of frauds) is amended to read as follows:

‘‘SEC. 7623. EXPENSES OF DETECTION OF UNDERPAYMENTS AND

FRAUD, ETC.

‘‘The Secretary, under regulations prescribed by the Secretary,

is authorized to pay such sums as he deems necessary for—

‘‘(1) detecting underpayments of tax, and

‘‘(2) detecting and bringing to trial and punishment persons

guilty of violating the internal revenue laws or conniving at

the same,

in cases where such expenses are not otherwise provided for by

law. Any amount payable under the preceding sentence shall be

paid from the proceeds of amounts (other than interest) collected

by reason of the information provided, and any amount so collected

shall be available for such payments.’’.

Regulations.

26 USC 6103

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110 STAT. 1474 PUBLIC LAW 104–168—JULY 30, 1996

(b) CLERICAL AMENDMENT.—The table of sections for subchapter

B of chapter 78 is amended by striking the item relating to section

7623 and inserting the following new item:

‘‘Sec. 7623. Expenses of detection of underpayments and fraud, etc.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect on the date which is 6 months after the date

of the enactment of this Act.

(d) REPORT.—The Secretary of the Treasury or his delegate

shall submit an annual report to the Committee on Ways and

Means of the House of Representatives and the Committee on

Finance of the Senate on the payments under section 7623 of

the Internal Revenue Code of 1986 during the year and on the

amounts collected for which such payments were made.

SEC. 1210. USE OF PRIVATE DELIVERY SERVICES FOR TIMELY-MAILING-AS-TIMELY-FILING RULE.

Section 7502 (relating to timely mailing treated as timely filing

and paying) is amended by adding at the end the following new

subsection:

‘‘(f) TREATMENT OF PRIVATE DELIVERY SERVICES.—

‘‘(1) IN GENERAL.—Any reference in this section to the

United States mail shall be treated as including a reference

to any designated delivery service, and any reference in this

section to a postmark by the United States Postal Service

shall be treated as including a reference to any date recorded

or marked as described in paragraph (2)(C) by any designated

delivery service.

‘‘(2) DESIGNATED DELIVERY SERVICE.—For purposes of this

subsection, the term ‘designated delivery service’ means any

delivery service provided by a trade or business if such service

is designated by the Secretary for purposes of this section.

The Secretary may designate a delivery service under the

preceding sentence only if the Secretary determines that such

service—

‘‘(A) is available to the general public,

‘‘(B) is at least as timely and reliable on a regular

basis as the United States mail,

‘‘(C) records electronically to its data base, kept in

the regular course of its business, or marks on the cover

in which any item referred to in this section is to be

delivered, the date on which such item was given to such

trade or business for delivery, and

‘‘(D) meets such other criteria as the Secretary may

prescribe.

‘‘(3) EQUIVALENTS OF REGISTERED AND CERTIFIED MAIL.—

The Secretary may provide a rule similar to the rule of paragraph (1) with respect to any service provided by a designated

delivery service which is substantially equivalent to United

States registered or certified mail.’’.

SEC. 1211. REPORTS ON MISCONDUCT OF IRS EMPLOYEES.

On or before June 1 of each calendar year after 1996, the

Secretary of the Treasury shall submit to the Committee on Ways

and Means of the House of Representatives and the Committee

on Finance of the Senate a report on—

26 USC 7803

note.

26 USC 7623

note.

26 USC 7623

note.
PUBLIC LAW 104–168—JULY 30, 1996 110 STAT. 1475

(1) all categories of instances involving the misconduct

of employees of the Internal Revenue Service during the preceding calendar year, and

(2) the disposition during the preceding calendar year of

any such instances (without regard to the year of the misconduct).

TITLE XIII—REVENUE OFFSETS

Subtitle A—Application of Failure-to-Pay

Penalty to Substitute Returns

SEC. 1301. APPLICATION OF FAILURE-TO-PAY PENALTY TO SUBSTITUTE RETURNS.

(a) GENERAL RULE.—Section 6651 (relating to failure to file

tax return or to pay tax) is amended by adding at the end the

following new subsection:

‘‘(g) TREATMENT OF RETURNS PREPARED BY SECRETARY UNDER

SECTION 6020(b).—In the case of any return made by the Secretary

under section 6020(b)—

‘‘(1) such return shall be disregarded for purposes of determining the amount of the addition under paragraph (1) of

subsection (a), but

‘‘(2) such return shall be treated as the return filed by

the taxpayer for purposes of determining the amount of the

addition under paragraphs (2) and (3) of subsection (a).’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall apply in the case of any return the due date for which

(determined without regard to extensions) is after the date of the

enactment of this Act.

Subtitle B—Exicse Taxes on Amounts of

Private Excess Benefits

SEC. 1311. EXCISE TAXES FOR FAILURE BY CERTAIN CHARITABLE

ORGANIZATIONS TO MEET CERTAIN QUALIFICATION

REQUIREMENTS.

(a) IN GENERAL.—Chapter 42 (relating to private foundations

and certain other tax-exempt organizations) is amended by

redesignating subchapter D as subchapter E and by inserting after

subchapter C the following new subchapter:

‘‘Subchapter D—Failure by Certain Charitable

Organizations To Meet Certain Qualification Requirements

‘‘Sec. 4958. Taxes on excess benefit transactions.

‘‘SEC. 4958. TAXES ON EXCESS BENEFIT TRANSACTIONS.

‘‘(a) INITIAL TAXES.—

‘‘(1) ON THE DISQUALIFIED PERSON.—There is hereby

imposed on each excess benefit transaction a tax equal to

25 percent of the excess benefit. The tax imposed by this

paragraph shall be paid by any disqualified person referred

to in subsection (f)(1) with respect to such transaction.

26 USC 6651

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110 STAT. 1476 PUBLIC LAW 104–168—JULY 30, 1996

‘‘(2) ON THE MANAGEMENT.—In any case in which a tax

is imposed by paragraph (1), there is hereby imposed on the

participation of any organization manager in the excess benefit

transaction, knowing that it is such a transaction, a tax equal

to 10 percent of the excess benefit, unless such participation

is not willful and is due to reasonable cause. The tax imposed

by this paragraph shall be paid by any organization manager

who participated in the excess benefit transaction.

‘‘(b) ADDITIONAL TAX ON THE DISQUALIFIED PERSON.—In any

case in which an initial tax is imposed by subsection (a)(1) on

an excess benefit transaction and the excess benefit involved in

such transaction is not corrected within the taxable period, there

is hereby imposed a tax equal to 200 percent of the excess benefit

involved. The tax imposed by this subsection shall be paid by

any disqualified person referred to in subsection (f)(1) with respect

to such transaction.

‘‘(c) EXCESS BENEFIT TRANSACTION; EXCESS BENEFIT.—For purposes of this section—

‘‘(1) EXCESS BENEFIT TRANSACTION.—

‘‘(A) IN GENERAL.—The term ‘excess benefit transaction’

means any transaction in which an economic benefit is

provided by an applicable tax-exempt organization directly

or indirectly to or for the use of any disqualified person

if the value of the economic benefit provided exceeds the

value of the consideration (including the performance of

services) received for providing such benefit. For purposes

of the preceding sentence, an economic benefit shall not

be treated as consideration for the performance of services

unless such organization clearly indicated its intent to so

treat such benefit.

‘‘(B) EXCESS BENEFIT.—The term ‘excess benefit’ means

the excess referred to in subparagraph (A).

‘‘(2) AUTHORITY TO INCLUDE CERTAIN OTHER PRIVATE

INUREMENT.—To the extent provided in regulations prescribed

by the Secretary, the term ‘excess benefit transaction’ includes

any transaction in which the amount of any economic benefit

provided to or for the use of a disqualified person is determined

in whole or in part by the revenues of 1 or more activities

of the organization but only if such transaction results in

inurement not permitted under paragraph (3) or (4) of section

501(c), as the case may be. In the case of any such transaction,

the excess benefit shall be the amount of the inurement not

so permitted.

‘‘(d) SPECIAL RULES.—For purposes of this section—

‘‘(1) JOINT AND SEVERAL LIABILITY.—If more than 1 person

is liable for any tax imposed by subsection (a) or subsection

(b), all such persons shall be jointly and severally liable for

such tax.

‘‘(2) LIMIT FOR MANAGEMENT.—With respect to any 1 excess

benefit transaction, the maximum amount of the tax imposed

by subsection (a)(2) shall not exceed $10,000.

‘‘(e) APPLICABLE TAX-EXEMPT ORGANIZATION.—For purposes of

this subchapter, the term ‘applicable tax-exempt organization’

means—

‘‘(1) any organization which (without regard to any excess

benefit) would be described in paragraph (3) or (4) of section

501(c) and exempt from tax under section 501(a), and
PUBLIC LAW 104–168—JULY 30, 1996 110 STAT. 1477

‘‘(2) any organization which was described in paragraph

(1) at any time during the 5-year period ending on the date

of the transaction.

Such term shall not include a private foundation (as defined in

section 509(a)).

‘‘(f) OTHER DEFINITIONS.—For purposes of this section—

‘‘(1) DISQUALIFIED PERSON.—The term ‘disqualified person’

means, with respect to any transaction—

‘‘(A) any person who was, at any time during the

5-year period ending on the date of such transaction, in

a position to exercise substantial influence over the affairs

of the organization,

‘‘(B) a member of the family of an individual described

in subparagraph (A), and

‘‘(C) a 35-percent controlled entity.

‘‘(2) ORGANIZATION MANAGER.—The term ‘organization manager’ means, with respect to any applicable tax-exempt

organization, any officer, director, or trustee of such organization (or any individual having powers or responsibilities similar

to those of officers, directors, or trustees of the organization).

‘‘(3) 35-PERCENT CONTROLLED ENTITY.—

‘‘(A) IN GENERAL.—The term ‘35-percent controlled

entity’ means—

‘‘(i) a corporation in which persons described in

subparagraph (A) or (B) of paragraph (1) own more

than 35 percent of the total combined voting power,

‘‘(ii) a partnership in which such persons own more

than 35 percent of the profits interest, and

‘‘(iii) a trust or estate in which such persons own

more than 35 percent of the beneficial interest.

‘‘(B) CONSTRUCTIVE OWNERSHIP RULES.—Rules similar

to the rules of paragraphs (3) and (4) of section 4946(a)

shall apply for purposes of this paragraph.

‘‘(4) FAMILY MEMBERS.—The members of an individual’s

family shall be determined under section 4946(d); except that

such members also shall include the brothers and sisters

(whether by the whole or half blood) of the individual and

their spouses.

‘‘(5) TAXABLE PERIOD.—The term ‘taxable period’ means,

with respect to any excess benefit transaction, the period beginning with the date on which the transaction occurs and ending

on the earliest of—

‘‘(A) the date of mailing a notice of deficiency under

section 6212 with respect to the tax imposed by subsection

(a)(1), or

‘‘(B) the date on which the tax imposed by subsection

(a)(1) is assessed.

‘‘(6) CORRECTION.—The terms ‘correction’ and ‘correct’

mean, with respect to any excess benefit transaction, undoing

the excess benefit to the extent possible, and taking any additional measures necessary to place the organization in a financial position not worse than that in which it would be if the

disqualified person were dealing under the highest fiduciary

standards.’’.

(b) APPLICATION OF PRIVATE INUREMENT RULE TO TAX-EXEMPT

ORGANIZATIONS DESCRIBED IN SECTION 501(c)(4).—
110 STAT. 1478 PUBLIC LAW 104–168—JULY 30, 1996

(1) IN GENERAL.—Paragraph (4) of section 501(c) is amended by inserting ‘‘(A)’’ after ‘‘(4)’’ and by adding at the end

the following:

‘‘(B) Subparagraph (A) shall not apply to an entity unless

no part of the net earnings of such entity inures to the benefit

of any private shareholder or individual.’’.

(2) SPECIAL RULE FOR CERTAIN COOPERATIVES.—In the case

of an organization operating on a cooperative basis which,

before the date of the enactment of this Act, was determined

by the Secretary of the Treasury or his delegate, to be described

in section 501(c)(4) of the Internal Revenue Code of 1986 and

exempt from tax under section 501(a) of such Code, the allocation or return of net margins or capital to the members of

such organization in accordance with its incorporating statute

and bylaws shall not be treated for purposes of such Code

as the inurement of the net earnings of such organization

to the benefit of any private shareholder or individual. The

preceding sentence shall apply only if such statute and bylaws

are substantially as such statute and bylaws were in existence

on the date of the enactment of this Act.

(c) TECHNICAL AND CONFORMING AMENDMENTS.—

(1) Subsection (e) of section 4955 is amended—

(A) by striking ‘‘SECTION 4945’’ in the heading and

inserting ‘‘SECTIONS 4945 AND 4958’’, and

(B) by inserting before the period ‘‘or an excess benefit

for purposes of section 4958’’.

(2) Subsections (a), (b), and (c) of section 4963 are each

amended by inserting ‘‘4958,’’ after ‘‘4955,’’.

(3) Subsection (e) of section 6213 is amended by inserting

‘‘4958 (relating to private excess benefit),’’ before ‘‘4971’’.

(4) Paragraphs (2) and (3) of section 7422(g) are each

amended by inserting ‘‘4958,’’ after ‘‘4955,’’.

(5) Subsection (b) of section 7454 is amended by inserting

‘‘or whether an organization manager (as defined in section

4958(f)(2)) has ‘knowingly’ participated in an excess benefit

transaction (as defined in section 4958(c)),’’ after ‘‘section

4912(b),’’.

(6) The table of subchapters for chapter 42 is amended

by striking the last item and inserting the following:

‘‘SUBCHAPTER D. Failure by certain charitable organizations to meet certain qualification requirements.

‘‘SUBCHAPTER E. Abatement of first and second tier taxes in certain cases.’’.

(d) EFFECTIVE DATES.—

(1) IN GENERAL.—The amendments made by this section

(other than subsection (b)) shall apply to excess benefit transactions occurring on or after September 14, 1995.

(2) BINDING CONTRACTS.—The amendments referred to in

paragraph (1) shall not apply to any benefit arising from a

transaction pursuant to any written contract which was binding

on September 13, 1995, and at all times thereafter before

such transaction occurred.

(3) APPLICATION OF PRIVATE INUREMENT RULE TO TAXEXEMPT ORGANIZATIONS DESCRIBED IN SECTION 501(c)(4).—

(A) IN GENERAL.—The amendment made by subsection

(b) shall apply to inurement occurring on or after September 14, 1995.

26 USC 501 note.

26 USC 4955

note.

26 USC 4955

note.

26 USC 501 note.
PUBLIC LAW 104–168—JULY 30, 1996 110 STAT. 1479

(B) BINDING CONTRACTS.—The amendment made by

subsection (b) shall not apply to any inurement occurring

before January 1, 1997, pursuant to a written contract

which was binding on September 13, 1995, and at all

times thereafter before such inurement occurred.

SEC. 1312. REPORTING OF CERTAIN EXCISE TAXES AND OTHER

INFORMATION.

(a) REPORTING BY ORGANIZATIONS DESCRIBED IN SECTION

501(c)(3).—Subsection (b) of section 6033 (relating to certain

organizations described in section 501(c)(3)) is amended by striking

‘‘and’’ at the end of paragraph (9), by redesignating paragraph

(10) as paragraph (14), and by inserting after paragraph (9) the

following new paragraphs:

‘‘(10) the respective amounts (if any) of the taxes paid

by the organization during the taxable year under the following

provisions:

‘‘(A) section 4911 (relating to tax on excess expenditures to influence legislation),

‘‘(B) section 4912 (relating to tax on disqualifying lobbying expenditures of certain organizations), and

‘‘(C) section 4955 (relating to taxes on political expenditures of section 501(c)(3) organizations),

‘‘(11) the respective amounts (if any) of the taxes paid

by the organization, or any disqualified person with respect

to such organization, during the taxable year under section

4958 (relating to taxes on private excess benefit from certain

charitable organizations),

‘‘(12) such information as the Secretary may require with

respect to any excess benefit transaction (as defined in section

4958),

‘‘(13) such information with respect to disqualified persons

as the Secretary may prescribe, and’’.

(b) ORGANIZATIONS DESCRIBED IN SECTION 501(c)(4).—Section

6033 is amended by redesignating subsection (f) as subsection (g)

and by inserting after subsection (e) the following new subsection:

‘‘(f) CERTAIN ORGANIZATIONS DESCRIBED IN SECTION 501(c)(4).—

Every organization described in section 501(c)(4) which is subject

to the requirements of subsection (a) shall include on the return

required under subsection (a) the information referred to in paragraphs (11), (12) and (13) of subsection (b) with respect to such

organization.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply to returns for taxable years beginning after the date

of the enactment of this Act.

SEC. 1313. EXEMPT ORGANIZATIONS REQUIRED TO PROVIDE COPY OF

RETURN.

(a) REQUIREMENT TO PROVIDE COPY.— (1) Subparagraph (A) of section 6104(e)(1) (relating to public inspection of annual returns) is amended to read as follows:

‘‘(A) IN GENERAL.—During the 3-year period beginning

on the filing date—

‘‘(i) a copy of the annual return filed under section

6033 (relating to returns by exempt organizations) by

any organization to which this paragraph applies shall

be made available by such organization for inspection

during regular business hours by any individual at

26 USC 6033

note.
110 STAT. 1480 PUBLIC LAW 104–168—JULY 30, 1996

the principal office of such organization and, if such

organization regularly maintains 1 or more regional

or district offices having 3 or more employees, at each

such regional or district office, and

‘‘(ii) upon request of an individual made at such

principal office or such a regional or district office,

a copy of such annual return shall be provided to

such individual without charge other than a reasonable

fee for any reproduction and mailing costs.

The request described in clause (ii) must be made in person

or in writing. If the request under clause (ii) is made

in person, such copy shall be provided immediately and,

if made in writing, shall be provided within 30 days.’’.

(2) Clause (ii) of section 6104(e)(2)(A) is amended by inserting before the period at the end the following: ‘‘(and, upon

request of an individual made at such principal office or such

a regional or district office, a copy of the material requested

to be available for inspection under this subparagraph shall

be provided (in accordance with the last sentence of paragraph

(1)(A)) to such individual without charge other than reasonable

fee for any reproduction and mailing costs)’’.

(3) Subsection (e) of section 6104 is amended by adding

at the end the following new paragraph:

‘‘(3) LIMITATION.—Paragraph (1)(A)(ii) (and the corresponding provision of paragraph (2)) shall not apply to any request

if, in accordance with regulations promulgated by the Secretary,

the organization has made the requested documents widely

available, or, the Secretary determines, upon application by

an organization, that such request is part of a harassment

campaign and that compliance with such request is not in

the public interest.’’.

(b) INCREASE IN PENALTY FOR WILLFUL FAILURE TO ALLOW

PUBLIC INSPECTION OF CERTAIN RETURNS, ETC.—Section 6685 is

amended by striking ‘‘$1,000’’ and inserting ‘‘$5,000’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply to requests made on or after the 60th day after the

Secretary of the Treasury first issues the regulations referred to

section 6104(e)(3) of the Internal Revenue Code of 1986 (as added

by subsection (a)(3)).

SEC. 1314. INCREASE IN PENALTIES ON EXEMPT ORGANIZATIONS FOR

FAILURE TO FILE COMPLETE AND TIMELY ANNUAL

RETURNS.

(a) IN GENERAL.—Subparagraph (A) of section 6652(c)(1) (relating to annual returns under section 6033) is amended by striking

‘‘$10’’ and inserting ‘‘$20’’ and by striking ‘‘$5,000’’ and inserting

‘‘$10,000’’.

(b) LARGER PENALTY ON ORGANIZATIONS HAVING GROSS

RECEIPTS IN EXCESS OF $1,000,000.—Subparagraph (A) of section

6652(c)(1) is amended by adding at the end the following new

sentence: ‘‘In the case of an organization having gross receipts

exceeding $1,000,000 for any year, with respect to the return

required under section 6033 for such year, the first sentence of

this subparagraph shall be applied by substituting ‘$100’ for ‘$20’

and, in lieu of applying the second sentence of this subparagraph,

the maximum penalty under this subparagraph shall not exceed

$50,000.’’.

26 USC 6104

note.
PUBLIC LAW 104–168—JULY 30, 1996 110 STAT. 1481

LEGISLATIVE HISTORY—H.R. 2337:

HOUSE REPORTS: No. 104–506 (Comm. on Ways and Means).

CONGRESSIONAL RECORD, Vol. 142 (1996):

Apr. 16, considered and passed House.

July 11, considered and passed Senate.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):

July 30, Presidential remarks.

Æ

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply to returns for taxable years ending on or after the

date of the enactment of this Act.

Approved July 30, 1996.

26 USC 6652

note.