S.900 - Small Business Payroll Protection Act of 2013
A bill to amend the Internal Revenue Code of 1986 to regulate payroll tax deposit agents, and for other purposes.
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SECTION 1. SHORT TITLE.
SEC. 2. REGULATION OF PAYROLL TAX DEPOSIT AGENTS.
‘SEC. 7529. PAYROLL TAX DEPOSIT AGENTS.
‘(1) IN GENERAL- The Secretary shall establish a system to require the initial registration and the annual renewal of the registration of persons seeking to act as payroll tax deposit agents authorized to make Federal employment tax deposits on behalf of employer taxpayers. Such system shall also--CommentsClose CommentsPermalink
‘(B) provide the payroll tax deposit agent the option of either submitting a bond as specified in subsection (b) or submitting to a quarterly certification as specified in subsection (c),CommentsClose CommentsPermalink
‘(D) provide penalties for unregistered persons acting as payroll tax deposit agents with respect to Federal tax deposits and for payroll tax deposit agents who fail to furnish such disclosures as are specified in subsection (d), in an amount not to exceed $10,000 for each 90 days of noncompliance.CommentsClose CommentsPermalink
‘(2) DEFINITION OF PAYROLL TAX DEPOSIT AGENT- For purposes of this section, the term ‘payroll tax deposit agent’ means any person which provides payroll processing or tax filing and deposit services to 1 or more employers (other than an employer acting on its own behalf) if such person has the contractual authority to access such employer’s funds for the purpose of making employment tax deposits. Such term shall not include any person which only transfers such funds to the appropriate government authority (regardless if such person has the authority to determine the amount of such transfer) and does not otherwise have the authority to access such funds.CommentsClose CommentsPermalink
‘(1) IN GENERAL- If a payroll tax deposit agent elects to submit a bond under subsection (a)(1)(B), the amount of such bond shall be not less than $50,000 nor more than $500,000, and shall be determined with respect to each payroll tax deposit agent under regulations prescribed by the Secretary.CommentsClose CommentsPermalink
‘(2) SURETY- Any bond or security furnished pursuant to this section shall be in such form and with such surety or sureties as may be prescribed by regulations issued pursuant to section 7101.CommentsClose CommentsPermalink
‘(3) EVIDENCE OF BOND- Evidence of such bond shall be filed with the Secretary with the initial registration and each annual renewal of the registration of persons licensed to act as payroll tax deposit agents.CommentsClose CommentsPermalink
‘(c) Quarterly Certifications- If a payroll tax deposit agent elects to submit to a quarterly certification under subsection (a)(1)(B), such certification shall be performed by an independent third party who is qualified to perform such certifications under targeted criteria established by the Secretary, at the direction of the Secretary, and shall be based on the following narrowly targeted principles--CommentsClose CommentsPermalink
‘(1) that the escrow account of the payroll tax deposit agent in which such agent holds its employers’ taxes is balanced to the total of quarterly reconciliation statements (i.e., Internal Revenue Service Forms 941 and State equivalents), and any liabilities collected but not yet deposited with the respective government authority,CommentsClose CommentsPermalink
‘(4) that there is adequate receipt evidence that such agent paid the required employment taxes on behalf of the employers to the proper government employment tax authority.CommentsClose CommentsPermalink
A copy of each completed quarterly certification report shall be filed quarterly with the Secretary and no payroll tax deposit agent shall obtain its annual renewal of the registration of persons licensed to act as payroll tax deposit agents unless all such copies have been filed.CommentsClose CommentsPermalink
‘(d) Disclosure- The Secretary shall require payroll tax deposit agents to disclose to each client prior to or at the time of contracting for payroll services, and to each existing client at least quarterly--CommentsClose CommentsPermalink
‘(1) the client’s continuing liability for payment of all Federal and State employment taxes notwithstanding any contractual relationship with a payroll tax deposit agent,CommentsClose CommentsPermalink
‘(2) the mechanisms available to the client to verify the amount and date of payment of all tax deposits made by the payroll tax deposit agent on behalf of such client, including the Internet address and telephone number of each Federal and State employment tax authority related to such deposits, andCommentsClose CommentsPermalink
(b) Quarterly Certification Criteria- In establishing the criteria for the quarterly certification required under section 7529(c) of the Internal Revenue Code of 1986, as added by subsection (a), the Secretary of the Treasury shall ensure, to the extent practicable, that the burden of the certification process on the payroll tax deposit agent is minimized.CommentsClose CommentsPermalink
(1) IN GENERAL- Section 6672(a) of the Internal Revenue Code of 1986 is amended by inserting ‘, including any payroll tax deposit agent (as defined in section 7529(a)(2)) who has assumed the obligation to pay over any tax by contract with a taxpayer (but only to the extent that such payroll tax deposit agent has received irrevocable payment of funds for the corresponding tax liabilities from such taxpayer),’ after ‘imposed by this title’.CommentsClose CommentsPermalink
(2) PENALTY NOT SUBJECT TO DISCHARGE IN BANKRUPTCY- Section 6672(a) is further amended by adding at the end the following new sentence: ‘Notwithstanding any other provision of law, no penalty imposed under this section may be discharged in bankruptcy.’.CommentsClose CommentsPermalink
(3) CONFORMING AMENDMENT- Section 6672(b)(1) of the Internal Revenue Code of 1986 is amended by striking the word ‘taxpayer’ and inserting the word ‘person’ each time it appears.CommentsClose CommentsPermalink
(4) CONSTRUCTION- The amendment made by paragraph (1) shall not be construed to create any inference with respect to the interpretation of section 6672 of the Internal Revenue Code of 1986 as such section was in effect on the day before the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 3. VERIFICATION OF ADDRESS CHANGE.
‘SEC. 3511. VERIFICATION OF ADDRESS CHANGE.
‘The Secretary shall issue a notice of confirmation of any address change relating to an employer making tax payments under this subtitle, and such notice shall be sent to both the employer’s former and new address.’.CommentsClose CommentsPermalink