Taxpayer Notification and Privacy Act
Officially: “Taxpayer Notification and Privacy Act” Read the full text
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1Short title
This section would let the Act be cited as the "Taxpayer Notification and Privacy Act".
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1. Short title This Act may be cited as the Taxpayer Notification and Privacy Act .
2Specificity of third-party contact notices
This section would change the rules in section 7602(c) of the Internal Revenue Code about the notice the IRS must give a taxpayer before contacting someone other than the taxpayer, such as a bank, employer, or business contact, about the taxpayer's tax matters. The notice requirement in paragraph (1) would keep its existing first part unchanged, but two things would be added or changed. First, in any case where the information the IRS wants to obtain from that other person has not already been requested from the taxpayer and could reasonably be provided by the taxpayer, the notice would have to identify each specific item of information the IRS intends to seek from that other person. Second, except where the Secretary of the Treasury provides otherwise, the notice would have to give the taxpayer a reasonable opportunity, and a period of at least 45 days (or longer if the taxpayer requests additional time and shows reasonable cause), to respond, including by providing that specific information, before the IRS contacts the other person. The bill would also add an exception to these two new requirements. Paragraph (3) of section 7602(c), which lists exceptions to the third-party notice rules, would keep its existing exceptions, restructured but not changed in substance, and would add a new exception: the requirement to identify specific items of information, and the part of the 45-day response requirement that relates to providing that information, would not apply to information sought from a person other than the taxpayer if either the information is sought in connection with collecting a tax liability, or the Secretary of the Treasury determines the information is necessary regardless of whether the taxpayer could have provided it independently or whether it was previously requested from the taxpayer. These changes would apply to notices provided under section 7602(c) of the Internal Revenue Code after the date that is 12 months after this Act is enacted.
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2. Specificity of third-party contact notices (a) In general Paragraph (1) of section 7602(c) of the Internal Revenue Code of 1986 is amended— (1) by striking and at the end of subparagraph (A), (2) by redesignating subparagraph (B) as subparagraph (C), (3) by inserting after subparagraph (A) the following new subparagraph: (B) in any case in which the information sought to be obtained from such other persons has not been previously requested from the taxpayer and could reasonably be provided by the taxpayer, identifies each specific item of information intended to be sought from such persons, and , and (4) by amending subparagraph (C), as redesignated by paragraph (2), to read as follows: (C) except as otherwise provided by the Secretary, provides the taxpayer with reasonable opportunity and a period of not less than 45 days (or more, if the taxpayer requests additional time and shows reasonable cause) to respond, including by providing the information described in subparagraph (B), before contact is made with such other persons. . (b) Exception Section 7602(c)(3) of the Internal Revenue Code of 1986 is amended— (1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and by moving such clauses 2 ems to the right, (2) by striking Exceptions .—This subsection and inserting “ Exceptions .— (A) In general This subsection , and (3) by adding at the end the following new subparagraph: (B) Exception for information specificity Subparagraph (B) of paragraph (1) (and so much of subparagraph (C) of paragraph (1) as relates to such subparagraph (B)) shall not apply to information sought from a person other than the taxpayer if— (i) such information is sought with respect to the collection of a tax liability, or (ii) the Secretary determines that such information is necessary notwithstanding whether the taxpayer could independently provide such information or whether such information has been previously requested from the taxpayer, . (c) Effective date The amendments made by this subsection shall apply to notices provided under section 7602(c) of the Internal Revenue Code of 1986 after the date that is 12 months after the date of the enactment of this Act.
Where it is
In the House.