H. R. 947
IN THE HOUSE OF REPRESENTATIVES
March 5, 2013
Mr. Schock (for himself and Mr. Thompson of California) introduced the following bill; which was referred to the Committee on Ways and Means
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.
This Act may be cited as the
Small Business Accounting and Tax
Clarification of cash accounting rules for small business
Cash accounting permitted
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:
Certain small business taxpayers permitted To use cash accounting method without limitation
An eligible taxpayer shall not be required to use an accrual method of accounting for any taxable year.
For purposes of this subsection, a taxpayer is an eligible taxpayer with respect to any taxable year if—
for all prior taxable years beginning after December 31, 2012, the taxpayer (or any predecessor) met the gross receipts test of section 448(c), and
the taxpayer is not subject to section 447 or 448.
Expansion of gross receipts test
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
Section 448(c) of such Code is amended—
place it appears in the text and in the heading of paragraph (1) and inserting
by adding at the end the following new paragraph:
In the case of any taxable year beginning in a calendar year after 2013, the dollar amount contained in subsection (b)(3) and paragraph (1) of this subsection shall be increased by an amount equal to—
such dollar amount, multiplied by
the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which the taxable year begins,
calendar year 2012 for
1992 in subparagraph (B) thereof.
Clarification of inventory rules for small business
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:
Small business taxpayers not required To use inventories
A qualified taxpayer shall not be required to use inventories under this section for a taxable year.
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, 2012, such property shall be treated as a material or supply which is not incidental.
For purposes of this subsection, the term qualified taxpayer means—
any eligible taxpayer (as defined in section 446(g)(2)), and
any taxpayer described in section 448(b)(3).
Subpart D of part II of subchapter E of chapter 1 of such Code is amended by striking section 474.
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.
Effective date and special rules
The amendments made by this section shall apply to taxable years beginning after December 31, 2012.
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—
such change shall be treated as initiated by the taxpayer;
such change shall be treated as made with the consent of the Secretary of the Treasury; and
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.