On Motion to Suspend the Rules and Pass, as Amended
✓ PassedPassed346 Yea · 10 Nay · 73 Not Voting
Yea:183 D162 R
Nay:1 D9 R
What This Bill Does
IRS Whistleblower Program Improvement ActThis bill modifies provisions of the Internal Revenue Code relating to whistleblower awards and protections.Specifically, the billrevises the standard for review of whistleblower awards in the Tax Court to require a de novo review (rather than the current abuse of discretion review) based on the administrative record established at the time of the whistleblower award determination and any new or previously unavailable evidence,allows whistleblowers anonymity in proceedings before the Tax Court (unless a societal interest in disclosing a whistleblower's identity outweighs potential harm to the whistleblower),modifies the Internal Revenue Service (IRS) whistleblower report to require inclusion of a list and description of up to 10 of the top tax avoidance schemes disclosed by whistleblowers, andrequires payment of interest on mandatory whistleblower awards if the IRS fails to provide timely notice to a whistleblower of an award recommendation.The bill also allows payments of the attorney fees of whistleblowers to be deducted when calculating adjusted gross income for tax purposes regardless of whether the whistleblower award was paid through the mandatory or the discretionary whistleblower award program. (Under current law, the deduction is limited to attorney fees paid in connection with mandatory awards.)
This bill's title gives a fair impression of what it does. This bill revises and adds to the provisions of the IRS Whistleblower Program, including changes to whistleblower award determinations, anonymity protections, and tax treatment of attorney fees.
Watch Items
•It does not create a new program, but rather modifies an existing one.
•It targets tax avoidance schemes rather than broader issues like tax reform or program efficacy.
•The changes primarily concern whistleblower protections and financial incentives, rather than programmatic improvements or increased efficiency.