HR 1983

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IN THE HOUSE OF REPRESENTATIVES

March 10, 2025

Mr. Cohen introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To amend title 31, United States Code, to direct the Secretary of the Treasury to regulate tax return preparers, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the “Tax Return Preparer Accountability Act of 2025”.

SEC. 2. REGULATION OF TAX RETURN PREPARERS.

(a) In General.—Subsection (a) of section 330 of title 31, United States Code, is amended—

(1) by striking paragraph (1) and inserting the following:

“(1) regulate—

“(A) the practice of representatives of persons before the Department of the Treasury; and

“(B) the practice of tax return preparers; and”; and

(2) in paragraph (2)—

(A) by inserting “or a tax return preparer to prepare tax returns” after “practice”;

(B) by inserting “or tax return preparer” before “demonstrate”; and

(C) by inserting “or in preparing their tax returns, claims for refund, or documents in connection with tax returns or claims for refund” after “cases” in subparagraph (D).

(b) Authority To Sanction Regulated Tax Return Preparers.— Subsection (c) of section 330 of title 31, United States Code, is amended—

(1) by striking “before the Department”;

(2) by inserting “or tax return preparer” after “representative” each place it appears; and

(3) in paragraph (4), by striking “misleads or threatens” and all that follows and inserting “misleads or threatens—

“(A) any person being represented or any prospective person being represented; or

“(B) any person or prospective person whose tax return, claim for refund, or document in connection with a tax return or claim for refund, is being or may be prepared.”.

(c) Minimum Competency Standards for Tax Return Preparers.—Section 330 of title 31, United States Code, is amended by adding at the end the following new subsection:

“(f) Tax Return Preparers.—

“(1) In general.—Any tax return preparer shall demonstrate minimum competency standards under this subsection by—

“(A) obtaining an identifying number for securing proper identification of such preparer as described in section 6109(a)(4) of the Internal Revenue Code of 1986;

“(B) satisfying any examination and annual continuing education requirements as prescribed by the Secretary; and

“(C) completing a background check administered by the Secretary.

“(2) Exemption.—The Secretary shall exempt tax return preparers who have been subject to comparable examination, continuing education requirements, and background checks administered by the Secretary or any comparable State licensing program. Such exemption shall extend directly to individuals who are supervised by such preparers and are not required to secure an identification number under section 6109(a)(4).”.

(d) Tax Return Preparer Defined.—Section 330 of title 31, United States Code, as amended by subsection (c), is amended by adding at the end the following new subsection:

“(g) Tax Return Preparer.—For purposes of this section—

“(1) In general.—The term ‘tax return preparer’ has the meaning given such term under section 7701(a)(36) of the Internal Revenue Code of 1986.

“(2) Tax return.—The term ‘tax return’ has the meaning given to the term ‘return’ under section 6696(e)(1) of the Internal Revenue Code of 1986.

“(3) Claim for refund.—The term ‘claim for refund’ has the meaning given such term under section 6696(e)(2) of such Code.”.

(e) Amendments With Respect to Identifying Number.—

(1) In general.—Section 6109(a) of the Internal Revenue Code of 1986 is amended by striking paragraph (4) and inserting the following:

“(4) Furnishing identifying number of tax return preparer.—

“(A) In general.—Any return or claim for refund prepared by a tax return preparer shall bear such identifying number for securing proper identification of such preparer, his employer, or both, as may be prescribed. For purposes of this paragraph, the terms ‘return’ and ‘claim for refund’ have the respective meanings given to such terms by section 6696(e).

“(B) Exception.—Subparagraph (A) shall not apply with respect to the preparation of any return or claim for refund by a tax return preparer if—

“(i) such return or claim is prepared by such preparer while such preparer is employed by an attorney, certified public accountant, or enrolled agent firm, and

“(ii) such preparer prepares such return or claim under the supervision and direction of a tax return preparer who signs such return or claim and is an attorney, certified public accountant, or enrolled agent.”.

(2) Clarification of rescission authority.—Section 6109 of such Code is amended by inserting after subsection (d) the following new subsection:

“(e) Authority To Rescind Identifying Number of Tax Return Preparer.—

“(1) In general.—The Secretary may rescind an identifying number issued under subsection (a)(4) if—

“(A) after notice and opportunity for a hearing, the preparer is shown to be incompetent or disreputable (as such terms are used in subsection (c) of section 330 of title 31, United States Code); and

“(B) rescinding the identifying number would promote compliance with the requirements of this title and effective tax administration.

“(2) Records.—If an identifying number is rescinded under paragraph (1), the Secretary shall place in the file in the Office of the Director of Professional Responsibility the opinion of the Secretary with respect to the determination, including—

“(A) a statement of the facts and circumstances relating to the determination; and

“(B) the reasons for the rescission.”.

(3) Effective date.—The amendments made by this subsection shall apply to returns filed after the date of the enactment of this Act.

SEC. 3. TECHNOLOGY UPDATES AT INTERNAL REVENUE SERVICE.

(a) Implementation of Automated Formula To Identify Taxpayers at Risk of Economic Hardship.—As soon as practicable, the Secretary of the Treasury (or the Secretary’s delegate), shall implement at the Internal Revenue Service an algorithm that will enable the Internal Revenue Service to—

(1) identify taxpayers at high risk of economic hardship (as defined by the Secretary in regulations),

(2) ask questions of taxpayers who contact the Internal Revenue Service regarding a balance due for purposes of identifying those at risk of hardship,

(3) in the case of taxpayers at risk of economic hardship who seek to enter into streamlined installment agreements online, to notify such taxpayers of the resources available to them,

(4) determine whether to exclude taxpayers’ debts from automated collection treatments such as the Federal Payment Levy Program, the private debt collection program, and passport certification, and

(5) rank cases for collection priority.

(b) Security Standards for Tax Software.—The Secretary of the Treasury (or the Secretary’s delegate), shall—

(1) as soon as practicable, promulgate such regulations and guidance as are necessary to prescribe information security standards for all tax software providers, and

(2) annually thereafter, review and update such standards. <all>