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119th Congress
Independent · Nonpartisan · Reader-supported
HOUSEH.R. 9499· 119th Congress

Bill Limits IRS Fraud Exception to Cases Where Taxpayers Intend to Evade Taxes

Protecting Taxpayers from Ghost Preparers Act

Sponsor
Nicole Malliotakis (R-NY)
Introduced
Jun 29, 2026
Last Action
Sep 16, 2026

Recorded legislative actions. Future votes are not implied.

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Introduced
Jun 29, 2026
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In Committee
Jun 29, 2026
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Passed Committee
Jul 1, 2026
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Passed House
Sep 15, 2026
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Received in Senate
Sep 16, 2026

AI-assisted analysis based on the official CRS summary. Source version: Jul 22, 2026. Analysis updated: Sep 18, 2026.

01 — The Text

What.

  • The bill narrows when the IRS can use the fraud exception to extend its normal 3-year tax assessment deadline beyond the standard statute of limitations.
  • Under current law (per Murrin v. Commissioner), the fraud exception applies when a tax return preparer falsifies entries without the taxpayer's knowledge. This bill limits that exception to cases where the taxpayer themselves intends to evade taxes.
  • The bill expands penalties for tax return preparers to cover false or fraudulent documents purporting to be federal tax returns, partnership administrative adjustment requests, or partnership adjustment tracking reports.
  • Currently, preparer penalties apply only to valid IRS submissions; the bill extends them to documents that are not valid submissions.
02 — The Stakes

So what?

  • The IRS will have less time to assess taxes in cases where a preparer commits fraud without the taxpayer's knowledge, since the fraud exception will no longer apply.
  • Tax return preparers face expanded penalty exposure for fraudulent documents, regardless of whether those documents are actually submitted to the IRS.
  • The bill resolves a conflict between the Tax Court (Murrin) and the Court of Federal Claims (BASR Partnership) by adopting the narrower standard requiring taxpayer intent.
03 — The Path

Now what?

  • The House passed the bill by voice vote on September 15, 2026, under suspension of rules.
  • The bill was received in the Senate and referred to the Committee on Finance on September 16, 2026.
  • No scheduled Senate vote or further action date is documented.
Legislative History

Actions.

  • Sep 16, 2026 — Received in the Senate and Read twice and referred to the Committee on Finance.
  • Sep 15, 2026 — On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5686)
  • Sep 15, 2026 — Considered under suspension of the rules. (consideration: CR H5686-5687)
  • Sep 15, 2026 — Motion to reconsider laid on the table Agreed to without objection.
  • Sep 15, 2026 — On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
  • Sep 15, 2026 — Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
  • Sep 15, 2026 — DEBATE - The House proceeded with forty minutes of debate on H.R. 9499.
  • Sep 15, 2026 — Considered under suspension of the rules.