[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6323 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                H. R. 6323

    To amend the Internal Revenue Code of 1986 to penalize improper 
 compliance with certain taxpayer requirements, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 28, 2025

Mr. Panetta (for himself and Mr. Steube) introduced the following bill; 
         which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
    To amend the Internal Revenue Code of 1986 to penalize improper 
 compliance with certain taxpayer requirements, 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; ETC.

    (a) Short Title.--This Act may be cited as the ``Taxpayer 
Protection and Preparer Proficiency Act''.
    (b) References to Internal Revenue Code.--Except as otherwise 
expressly provided, whenever in this Act an amendment is expressed in 
terms of an amendment to 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) References to Secretary.--For purposes of this Act, the term 
``Secretary'' means the Secretary of the Treasury or the Secretary's 
delegate.

SEC. 2. PENALTIES FOR TAX RETURN PREPARERS WHO IMPROPERLY ALTER 
              RETURNS.

    (a) In General.--Paragraph (1) of section 6696(e) is amended to 
read as follows:
            ``(1) Return.--The term `return' means--
                    ``(A) any return of any tax imposed by this title,
                    ``(B) any administrative adjustment request under 
                section 6227,
                    ``(C) any partnership adjustment tracking report 
                under section 6226(b)(4)(A), and
                    ``(D) any other document purporting to be a return, 
                request, or report described in subparagraphs (A) 
                through (C).''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of enactment of this Act.

SEC. 3. PENALTIES FOR INVALID OR APPROPRIATED PREPARER IDENTIFICATION 
              NUMBERS.

    (a) In General.--Section 6695 is amended--
            (1) by striking subsection (c) and inserting the following:
    ``(c) Failure To Furnish Valid Identifying Number.--
            ``(1) In general.--
                    ``(A) Penalty.--Any person who is a tax return 
                preparer with respect to any return or claim for refund 
                and who fails to furnish an identifying number which 
                complies with section 6109(a)(4)(A) with respect to 
                such return or claim shall pay a penalty of $250 for 
                such failure.
                    ``(B) Non-compliance.--For purposes of this 
                paragraph, an identifying number shall be deemed to not 
                comply with section 6109(a)(4)(A) if such identifying 
                number--
                            ``(i) is assigned to another person,
                            ``(ii) does not exist,
                            ``(iii) is inactive or expired,
                            ``(iv) has been withdrawn,
                            ``(v) is suspended or has been revoked, or
                            ``(vi) is otherwise invalid for use by the 
                        tax return preparer.
            ``(2) Exception.--The penalty imposed under paragraph (1) 
        shall not apply if it is shown that such failure is due to 
        reasonable cause and not due to willful neglect.
            ``(3) Limitation.--The maximum penalty imposed under this 
        subsection on any person with respect to documents filed during 
        any calendar year shall not exceed $75,000.'',
            (2) by redesignating subsection (h) as subsection (i),
            (3) by inserting after subsection (g) the following new 
        subsection:
    ``(h) Use of Invalid or Appropriated Electronic Filing 
Identification Number.--
            ``(1) In general.--Any person who is an electronic return 
        originator with respect to any return or claim for refund who 
        fails to use, with respect to such return or claim, an 
        electronic filing identification number which is assigned to 
        such person by the Secretary, shall pay a penalty of $250 for 
        such failure, unless it is shown that such failure is due to 
        reasonable cause and not due to willful neglect.
            ``(2) Definitions.--For purposes of this subsection--
                    ``(A) Electronic return originator.--
                            ``(i) In general.--The term `electronic 
                        return originator' means a person who 
                        originates the electronic submission of 1 or 
                        more returns or claims for refund on behalf of 
                        other taxpayers.
                            ``(ii) Exceptions.--The term `electronic 
                        return originator' shall not include a person 
                        merely because such person originates an 
                        electronic submission described in clause (i)--
                                    ``(I) by furnishing mechanical 
                                assistance to a person described in 
                                such subclause,
                                    ``(II) at the direction of an 
                                employer (or of an officer or employee 
                                of the employer) by whom such person is 
                                regularly and continuously employed,
                                    ``(III) as a fiduciary, or
                                    ``(IV) in response to a 
                                determination that directly or 
                                indirectly affects the tax liability of 
                                a taxpayer.
                    ``(B) Electronic filing identification number.--
                            ``(i) In general.--The term `electronic 
                        filing identification number' means an 
                        identification number assigned by the Secretary 
                        to a person authorized to file returns in 
                        electronic format on behalf of other taxpayers.
                            ``(ii) Suspension or revocation.--In the 
                        case of any electronic filing identification 
                        number which has been suspended or revoked by 
                        the Secretary, such number shall not be deemed 
                        valid for purposes of paragraph (1).'', and
            (4) in subsection (i)(1), as redesignated by paragraph (2), 
        by striking ``and (g)'' and inserting ``(g), and (h)''.
    (b) Modification of Definition of Tax Return Preparer.--Section 
7701(a)(36) is amended--
            (1) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) In general.--The term `tax return preparer' 
                means any person who prepares for compensation, or who 
                employs one or more persons to prepare for 
                compensation, any return of tax imposed by this title, 
                any document purporting to be a return of tax imposed 
                by this title, or any claim for refund of tax imposed 
                by this title. For purposes of the preceding sentence, 
                the preparation of a substantial portion of a return, 
                document purporting to be a return, or claim for refund 
                shall be treated as if it were the preparation of such 
                return, document purporting to be a return, or claim 
                for refund.'', and
            (2) in subparagraph (B)--
                    (A) in clause (ii), by striking ``return or claim 
                for refund'' and inserting ``return, document 
                purporting to be a return, or claim for refund'', and
                    (B) in clause (iii), by striking ``return or claim 
                for refund'' and inserting ``return, document 
                purporting to be a return, or claim for refund''.
    (c) Prevention of Inadvertent Errors Involving Identifying 
Numbers.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Secretary shall establish a program 
        to improve voluntary compliance with respect to requirements 
        under subsections (c) and (h) of section 6695 of the Internal 
        Revenue Code of 1986 (as amended by this section) and avoid the 
        imposition of penalties under such subsections.
            (2) Opportunity to correct.--For purposes of the program 
        described in paragraph (1), the Secretary shall--
                    (A) prior to acceptance for processing, identify--
                            (i) any return or claim for refund which 
                        has been electronically submitted and does not 
                        include an identifying number which complies 
                        with section 6109(a)(4)(A) of the Internal 
                        Revenue Code of 1986, and
                            (ii) any return or claim for refund which 
                        has been electronically submitted and does not 
                        include an electronic filing identification 
                        number (as defined in section 6695(h)(2)(B) of 
                        such Code), and
                    (B) provide an opportunity for the person who 
                submitted such return or claim for refund to avoid 
                imposition of a penalty under subsection (c) or (h) of 
                section 6695 of such Code, as applicable, if--
                            (i) such return or claim for refund is 
                        withdrawn, or
                            (ii) the correct identifying number or 
                        electronic filing identification number is 
                        provided.
    (d) Criminal Penalty.--
            (1) In general.--Part I of subchapter A of chapter 75 is 
        amended by adding at the end the following new section:

``SEC. 7218. WILLFUL MISUSE OR MISAPPROPRIATION OF IDENTIFYING NUMBER.

    ``(a) In General.--Any tax return preparer who, with respect to any 
return, document purporting to be a return, or claim for refund--
            ``(1) willfully fails to furnish a valid preparer tax 
        identification number with intent to evade or defeat the 
        application of any requirement under any provision of this 
        title which requires such preparer to obtain and furnish such 
        number,
            ``(2) willfully furnishes a preparer tax identification 
        number which--
                    ``(A) does not exist,
                    ``(B) is inactive or expired,
                    ``(C) has been withdrawn,
                    ``(D) is suspended or has been revoked, or
                    ``(E) is otherwise invalid for use by such tax 
                return preparer, or
            ``(3) willfully furnishes a preparer tax identification 
        number which is assigned to another person,
shall, in addition to any other penalties provided by law, be guilty of 
a felony and, upon conviction thereof, shall be fined not more than 
$50,000 ($100,000 in the case of a corporation), or imprisoned not more 
than 2 years, or both, together with the costs of prosecution.
    ``(b) Preparer Tax Identification Number.--The term `preparer tax 
identification number' means an identifying number described in section 
6109(a)(4)(A).''.
            (2) Clerical amendment.--The table of sections for part I 
        of subchapter A of chapter 75 is amended by adding at the end 
        the following new item:

``Sec. 7218. Willful misuse or misappropriation of identifying 
                            number.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to returns or claims for refund filed after the date which is 18 
months after the date of enactment of this Act.

SEC. 4. PENALTIES FOR IMPROPER TAX PREPARATION OR MISAPPROPRIATION OF 
              REFUNDS.

    (a) Other Assessable Penalties With Respect to the Preparation of 
Tax Returns for Other Persons.--Section 6695, as amended by the 
preceding provisions of this Act, is amended--
            (1) in subsection (a)--
                    (A) by striking ``$50'' and inserting ``$250'', and
                    (B) by striking ``$25,000'' and inserting 
                ``$50,000'',
            (2) in subsection (b)--
                    (A) by striking ``$50'' and inserting ``$250'', and
                    (B) by striking ``$25,000'' and inserting 
                ``$75,000'',
            (3) in subsection (d)--
                    (A) by striking ``$50'' and inserting ``$250'', and
                    (B) by striking ``$25,000'' and inserting 
                ``$50,000'',
            (4) in subsection (e)--
                    (A) by striking ``$50'' and inserting ``$250'', and
                    (B) by striking ``$25,000'' and inserting 
                ``$75,000'',
            (5) in subsection (g), by striking ``$500'' and inserting 
        ``$1,000'', and
            (6) in subsection (i)(1)--
                    (A) by striking ``2014'' and inserting ``2024'', 
                and
                    (B) by striking ``calendar year 2013'' and 
                inserting ``calendar year 2023''.
    (b) Misappropriation of Electronic Funds Transfer.--
            (1) In general.--Subsection (f) of section 6695 is amended 
        to read as follows:
    ``(f) Negotiation of Check; Misappropriation.--
            ``(1) In general.--Any person who is a tax return preparer 
        who--
                    ``(A) endorses or otherwise negotiates (directly or 
                through an agent) any check made in respect of the 
                taxes imposed by this title which is issued to a 
                taxpayer (other than the tax return preparer), or
                    ``(B) misappropriates any refund (or advance 
                payment with respect to a refundable credit), or any 
                portion thereof, issued to any taxpayer through an 
                electronic funds transfer,
        shall pay a penalty in an amount determined under paragraph 
        (2).
            ``(2) Penalty.--The amount of the penalty determined under 
        this paragraph shall, with respect to each check or transfer 
        described in paragraph (1), be equal to the greater of--
                    ``(A) $1,000, or
                    ``(B) the full amount of such check or transfer.
            ``(3) Exception.--Paragraph (1)(A) shall not apply with 
        respect to the deposit by a bank (within the meaning of section 
        581) of the full amount of the check in the taxpayer's account 
        in such bank for the benefit of the taxpayer.''.
            (2) Conforming amendment.--Section 6695(i)(1) is amended by 
        striking ``(f),'' and inserting ``(f)(2)(A),''.

SEC. 5. AUTHORITY TO DENY, REVOKE, OR SUSPEND PREPARER TAX 
              IDENTIFICATION NUMBERS.

    (a) In General.--Section 6109 is amended--
            (1) in subsection (a), 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 
                which is prepared by a tax return preparer shall bear 
                such identifying number for securing proper 
                identification of such preparer, their employer, or 
                both, as may be prescribed.
                    ``(B) Exception for supervised preparer.--
                Subparagraph (A) shall not apply with respect to any 
                tax return preparer who prepares any return or claim 
                for refund if such preparer is--
                            ``(i) employed by a specified practitioner, 
                        and
                            ``(ii) under the supervision and direction 
                        of a tax return preparer who--
                                    ``(I) includes their identifying 
                                number (as described in subparagraph 
                                (A)) on such return or claim,
                                    ``(II) signs such return or claim, 
                                and
                                    ``(III) is a specified 
                                practitioner.
                    ``(C) Suspension or revocation.--In the case of any 
                identifying number which has been suspended or revoked 
                by the Secretary under subsection (e), such number 
                shall not be deemed valid for purposes of subparagraph 
                (A).
                    ``(D) Definitions.--For purposes of this section--
                            ``(i) Specified practitioner.--The term 
                        `specified practitioner' means a certified 
                        public accountant, attorney, or enrolled 
                        agent--
                                    ``(I) who is in good standing and 
                                authorized to represent persons before 
                                the Department of the Treasury under 
                                section 330 of title 31, United States 
                                Code, and
                                    ``(II) whose professional license 
                                or certification has not been revoked.
                            ``(ii) Return; claim for refund.--The terms 
                        `return' and `claim for refund' have the 
                        respective meanings given to such terms by 
                        section 6696(e).'', and
            (2) by inserting after subsection (d) the following:
    ``(e) Identifying Number of Tax Return Preparer.--
            ``(1) In general.--The Secretary shall maintain a program 
        for administration of preparer tax identification numbers 
        required under subsection (a)(4), which shall include 
        restrictions on the issuance of such numbers to any individual 
        other than an individual who--
                    ``(A) meets the suitability requirements of 
                paragraph (2) and the education requirements of 
                paragraph (3),
                    ``(B) meets the state program requirements of 
                paragraph (4), or
                    ``(C) is a specified practitioner.
            ``(2) Demonstration of suitability.--
                    ``(A) In general.--An individual meets the 
                suitability requirements of this paragraph if such 
                individual has demonstrated to the Secretary the 
                individual's suitability to be a tax return preparer 
                by--
                            ``(i) providing such information as the 
                        Secretary determines necessary, and
                            ``(ii) undergoing a background check, 
                        including a review by the Secretary regarding 
                        compliance with