Text: H.R.5552 — 111th Congress (2009-2010)All Information (Except Text)
Public Law No: 111-237 (08/16/2010)
[111th Congress Public Law 237]
[From the U.S. Government Printing Office]
[[Page 124 STAT. 2497]]
Public Law 111-237
To amend the Internal Revenue Code of 1986 to require that the payment
of the manufacturers' excise tax on recreational equipment be paid
quarterly and to provide for the assessment by the Secretary of the
Treasury of certain criminal restitution. <<NOTE: Aug. 16, 2010 - [H.R.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Firearms Excise
Tax Improvement Act of 2010.>>
SECTION 1. <<NOTE: 26 USC 1 note.>> SHORT TITLE.
This Act may be cited as the ``Firearms Excise Tax Improvement Act
SEC. 2. TIME FOR PAYMENT OF MANUFACTURERS' EXCISE TAX ON
(a) In General.--Subsection (d) of section 6302 of the Internal
Revenue Code of 1986 <<NOTE: 26 USC 6302.>> (relating to mode or time of
collection) is amended to read as follows:
``(d) Time for Payment of Manufacturers' Excise Tax on Recreational
Equipment.--The taxes imposed by subchapter D of chapter 32 of this
title (relating to taxes on recreational equipment) shall be due and
payable on the date for filing the return for such taxes.''.
(b) Effective <<NOTE: 26 USC 6302 note.>> Date.--The amendment made
by subsection (a) shall apply to articles sold by the manufacturer,
producer, or importer after the date of the enactment of this Act.
SEC. 3. ASSESSMENT OF CERTAIN CRIMINAL RESTITUTION.
(a) In General.--Subsection (a) of section 6201 of the Internal
Revenue Code of 1986 <<NOTE: 26 USC 6201.>> is amended by adding at the
end the following new paragraph:
``(4) Certain orders of criminal restitution.--
``(A) In general.--The Secretary shall assess and
collect the amount of restitution under an order
pursuant to section 3556 of title 18, United States
Code, for failure to pay any tax imposed under this
title in the same manner as if such amount were such
``(B) Time of assessment.--An assessment of an
amount of restitution under an order described in
subparagraph (A) shall not be made before all appeals of
such order are concluded and the right to make all such
appeals has expired.
``(C) Restriction on challenge of assessment.--The
amount of such restitution may not be challenged by the
person against whom assessed on the basis of the
existence or amount of the underlying tax liability in
[[Page 124 STAT. 2498]]
authorized under this title (including in any suit or
proceeding in court permitted under section 7422).''.
(b) Exception From Certain Restrictions on Assessment and
(1) No petition to tax court, no restriction on further
deficiency letters, etc.--Subsection (b) of section 6213 of such
Code is amended by adding at the end the following new
``(5) Certain orders of criminal restitution.--If the
taxpayer is notified that an assessment has been or will be made
pursuant to section 6201(a)(4)--
``(A) such notice shall not be considered as a
notice of deficiency for the purposes of subsection (a)
(prohibiting assessment and collection until notice of
the deficiency has been mailed), section 6212(c)(1)
(restricting further deficiency letters), or section
6512(a) (prohibiting credits or refunds after petition
to the Tax Court), and
``(B) subsection (a) shall not apply with respect to
the amount of such assessment.''.
(2) Time limitations on assessment and collection.--
Subsection (c) of section 6501 of such Code is amended by adding
at the end the following new paragraph:
``(11) Certain orders of criminal restitution.--In the case
of any amount described in section 6201(a)(4), such amount may
be assessed, or a proceeding in court for the collection of such
amount may be begun without assessment, at any time.''.
(c) Effective <<NOTE: 26 USC 6201 note.>> Date.--The amendments made
by this section shall apply to restitution ordered after the date of the
enactment of this Act.
SEC. 4. BUDGETARY PROVISIONS.
(a) Time <<NOTE: 26 USC 6655 note.>> for Payment of Corporate
Estimated Taxes.--The percentage under paragraph (2) of section 561 of
the Hiring Incentives to Restore Employment Act in effect on the date of
the enactment of this Act is increased by 0.25 percentage points.
(b) Paygo Compliance.--The budgetary effects of this Act, for the
purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled ``Budgetary
Effects of PAYGO Legislation'' for this Act, submitted for printing in
the Congressional Record by the Chairman
[[Page 124 STAT. 2499]]
of the House Budget Committee, provided that such statement has been
submitted prior to the vote on passage.
Approved August 16, 2010.
LEGISLATIVE HISTORY--H.R. 5552:
CONGRESSIONAL RECORD, Vol. 156 (2010):
June 29, considered and passed House.
Aug. 5, considered and passed Senate.