Text: H.R.4643 — 112th Congress (2011-2012)All Information (Except Text)

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Introduced in House (04/25/2012)


112th CONGRESS
2d Session
H. R. 4643


To amend the Internal Revenue Code of 1986 to expand the availability of the cash method of accounting for small businesses, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

April 25, 2012

Mr. Berg (for himself and Mr. Thompson of California) 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 expand the availability of the cash method of accounting for small businesses, 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 “Small Business Tax Simplification Act”.

SEC. 2. Clarification of cash accounting rules for small business.

(a) Cash accounting permitted.—

(1) IN GENERAL.—Section 446 of the Internal Revenue Code of 1986 (relating to general rule for methods of accounting) is amended by adding at the end the following new subsection:

“(g) Certain small business taxpayers permitted To use cash accounting method without limitation.—

“(1) IN GENERAL.—An eligible taxpayer shall not be required to use an accrual method of accounting for any taxable year.

“(2) ELIGIBLE TAXPAYER.—For purposes of this subsection, a taxpayer is an eligible taxpayer with respect to any taxable year if—

“(A) for all prior taxable years beginning after December 31, 2011, the taxpayer (or any predecessor) met the gross receipts test of section 448(c), and

“(B) the taxpayer is not subject to section 447 or 448.”.

(2) EXPANSION OF GROSS RECEIPTS TEST.—

(A) IN GENERAL.—Paragraph (3) of section 448(b) of such Code (relating to entities with gross receipts of not more than $5,000,000) is amended by striking “$5,000,000” in the text and in the heading and inserting “$10,000,000”.

(B) CONFORMING AMENDMENTS.—Section 448(c) of such Code is amended—

(i) by striking “$5,000,000” each place it appears in the text and in the heading of paragraph (1) and inserting “$10,000,000”, and

(ii) by adding at the end the following new paragraph:

“(4) INFLATION ADJUSTMENT.—In the case of any taxable year beginning in a calendar year after 2012, the dollar amount contained in subsection (b)(3) and paragraph (1) of this subsection shall be increased by an amount equal to—

“(A) such dollar amount, multiplied by

“(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting ‘calendar year 2011’ for ‘calendar year 1992’ in subparagraph (B) thereof.

If any amount as adjusted under this subparagraph is not a multiple of $100,000, such amount shall be rounded to the nearest multiple of $100,000.”.

(b) Clarification of inventory rules for small business.—

(1) IN GENERAL.—Section 471 of the Internal Revenue Code of 1986 (relating to general rule for inventories) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection:

“(c) Small business taxpayers not required To use inventories.—

“(1) IN GENERAL.—A qualified taxpayer shall not be required to use inventories under this section for a taxable year.

“(2) TREATMENT OF TAXPAYERS NOT USING INVENTORIES.—If a qualified taxpayer does not use inventories with respect to any property for any taxable year beginning after December 31, 2011, such property shall be treated as a material or supply which is not incidental.

“(3) QUALIFIED TAXPAYER.—For purposes of this subsection, the term ‘qualified taxpayer’ means—

“(A) any eligible taxpayer (as defined in section 446(g)(2)), and

“(B) any taxpayer described in section 448(b)(3).”.

(2) CONFORMING AMENDMENTS.—

(A) Subpart D of part II of subchapter E of chapter 1 of such Code is amended by striking section 474.

(B) The table of sections for subpart D of part II of subchapter E of chapter 1 of such Code is amended by striking the item relating to section 474.

(c) Effective date and special rules.—

(1) IN GENERAL.—The amendments made by this section shall apply to taxable years beginning after December 31, 2011.

(2) CHANGE IN METHOD OF ACCOUNTING.—In the case of any taxpayer changing the taxpayer’s method of accounting for any taxable year under the amendments made by this section—

(A) such change shall be treated as initiated by the taxpayer;

(B) such change shall be treated as made with the consent of the Secretary of the Treasury; and

(C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account over a period (not greater than 4 taxable years) beginning with such taxable year.