II 

112TH CONGRESS 

1ST SESSION S. 845 

To amend the Internal Revenue Code of 1986 to provide for the logical 

flow of return information between partnerships, corporations, trusts, 

estates, and individuals to better enable each party to submit timely, 

accurate returns and reduce the need for extended and amended returns, 

to provide for modified due dates by regulation, and to conform the 

automatic corporate extension period to longstanding regulatory rule. 

IN THE SENATE OF THE UNITED STATES 

APRIL 14, 2011 

Mr. ENZI (for himself and Ms. SNOWE) introduced the following bill; which 

was read twice and referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to provide 

for the logical flow of return information between partnerships, corporations, trusts, estates, and individuals 

to better enable each party to submit timely, accurate 

returns and reduce the need for extended and amended 

returns, to provide for modified due dates by regulation, 

and to conform the automatic corporate extension period 

to longstanding regulatory rule. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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•S 845 IS

1 SECTION 1. SHORT TITLE; REFERENCE. 

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

3 ‘‘Tax Return Due Date Simplification and Modernization 

4 Act of 2011’’. 

5 (b) REFERENCE.—Except as otherwise expressly pro6 vided, whenever in this Act an amendment or repeal is 

7 expressed in terms of an amendment to, or repeal of, a 

8 section or other provision, the reference shall be consid9 ered to be made to a section or other provision of the In10 ternal Revenue Code of 1986. 

11 SEC. 2. NEW DUE DATE FOR PARTNERSHIP FORM 1065, S 

12 CORPORATION FORM 1120S, AND C CORPORA13 TION FORM 1120. 

14 (a) PARTNERSHIPS.— 

15 (1) IN GENERAL.—Section 6072 is amended by 

16 adding at the end the following new subsection: 

17 ‘‘(f) RETURNS OF PARTNERSHIPS.—Returns of part18 nerships under section 6031 made on the basis of the cal19 endar year shall be filed on or before the 15th day of 

20 March following the close of the calendar year, and such 

21 returns made on the basis of a fiscal year shall be filed 

22 on or before the 15th day of the third month following 

23 the close of the fiscal year.’’. 

24 (2) CONFORMING AMENDMENT.—Section 

25 6072(a) is amended by striking ‘‘6017, or 6031’’ 

26 and inserting ‘‘or 6017’’. 


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•S 845 IS

1 (b) S CORPORATIONS.— 

2 (1) IN GENERAL.—So much of subsection (b) of 

3 6072 as precedes the second sentence thereof is 

4 amended to read as follows: 

5 ‘‘(b) RETURNS OF CERTAIN CORPORATIONS.—Re6 turns of S corporations under sections 6012 and 6037 

7 made on the basis of the calendar year shall be filed on 

8 or before the 31st day of March following the close of the 

9 calendar year, and such returns made on the basis of a 

10 fiscal year shall be filed on or before the last day of the 

11 third month following the close of the fiscal year.’’. 

12 (2) CONFORMING AMENDMENTS.— 

13 (A) Section 1362(b) is amended— 

14 (i) by striking ‘‘15th’’ each place it 

15 appears and inserting ‘‘last’’, 

(ii) by striking ‘‘21 16 ⁄2’’ each place it ap17 pears and inserting ‘‘3’’, and 

18 (iii) by striking ‘‘2 months and 15 

19 days’’ in paragraph (4) and inserting ‘‘3 

20 months’’. 

21 (B) Section 1362(d)(1)(C)(i) is amended 

22 by striking ‘‘15th’’ and inserting ‘‘last’’. 

23 (C) Section 1362(d)(1)(C)(ii) is amended 

24 by striking ‘‘such 15th day’’ and inserting ‘‘the 

25 last day of the 3d month thereof’’. 


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•S 845 IS

1 (c) CONFORMING AMENDMENTS RELATING TO C 

2 CORPORATIONS.— 

3 (1) Section 170(a)(2)(B) is amended by strik4 ing ‘‘third month’’ and inserting ‘‘4th month’’. 

5 (2) Section 563 is amended by striking ‘‘third 

6 month’’ each place it appears and inserting ‘‘4th 

7 month’’. 

8 (3) Section 1354(d)(1)(B)(i) is amended by 

9 striking ‘‘3d month’’ and inserting ‘‘4th month’’. 

10 (4) Subsection (a) and (c) of section 6167 are 

11 each amended by striking ‘‘third month’’ and insert12 ing ‘‘4th month’’. 

13 (5) Section 6425(a)(1) is amended by striking 

14 ‘‘third month’’ and inserting ‘‘4th month’’. 

15 (6) Subsections (b)(2)(A), (g)(3), and (h)(1) of 

16 section 6655 are each amended by striking ‘‘3rd 

17 month’’ and inserting ‘‘4th month’’. 

18 (d) EFFECTIVE DATE.—The amendments made by 

19 this section shall apply to returns for taxable years begin20 ning after December 31, 2011. 

21 SEC. 3. MODIFICATION OF DUE DATES BY REGULATION. 

22 In the case of returns for taxable years beginning 

23 after December 31, 2011, the Secretary of the Treasury 

24 or the Secretary’s delegate shall modify appropriate regu25 lations to provide as follows: 


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•S 845 IS

1 (1) The maximum extension for the returns of 

2 partnerships filing Form 1065 shall be a 6-month 

3 period ending on September 15 for calendar year 

4 taxpayers. 

5 (2) The maximum extension for the returns of 

trusts filing Form 1041 shall be a 51 6 ⁄2-month period 

7 ending on September 30 for calendar year taxpayers. 

8 (3) The maximum extension for the returns of 

9 employee benefit plans filing Form 5500 shall be an 

automatic 31 10 ⁄2-month period ending on November 15 

11 for calendar year taxpayers. 

12 (4) The maximum extension for the returns of 

13 organizations exempt from income tax filing Form 

14 990 shall be an automatic 6-month period ending on 

15 November 15 for calendar year filers. 

16 (5) The due date of Form 3520–A (relating to 

17 the Annual Information Return of Foreign Trust 

18 with a United States Owner) for calendar year filers 

19 shall be April 15 with a maximum extension for a 

20 6-month period ending on October 15. 

21 (6) The due date of Form TD F 90–22.1 (re22 lating to Report of Foreign Bank and Financial Ac23 counts) for calendar year filers shall be April 15 

24 with a maximum extension for a 6-month period 

25 ending on October 15. 


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•S 845 IS

1 SEC. 4. CORPORATIONS PERMITTED STATUTORY AUTO2 MATIC 6-MONTH EXTENSION OF INCOME TAX 

3 RETURNS. 

4 (a) IN GENERAL.—Section 6081(b) is amended by 

5 striking ‘‘3 months’’ and inserting ‘‘6 months’’. 

6 (b) EFFECTIVE DATE.—The amendment made by 

7 this section shall apply to returns for taxable years begin8 ning after December 31, 2011. 

Æ 


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