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Title 26 — Internal Revenue Code

Part IV · Chapter 61 — Information and Returns

§ 6061. Signing of returns and other documents

Statutory text

(a)

General rule

Except as otherwise provided by subsection (b) and sections 6062 and 6063, any return, statement, or other document required to be made under any provision of the internal revenue laws or regulations shall be signed in accordance with forms or regulations prescribed by the Secretary.

(b)

Electronic signatures

(1)

In general

The Secretary shall develop procedures for the acceptance of signatures in digital or other electronic form. Until such time as such procedures are in place, the Secretary may—

(A)

waive the requirement of a signature for; or

(B)

provide for alternative methods of signing or subscribing,

a particular type or class of return, declaration, statement, or other document required or permitted to be made or written under internal revenue laws and regulations.

(2)

Treatment of alternative methods

Notwithstanding any other provision of law, any return, declaration, statement, or other document filed and verified, signed, or subscribed under any method adopted under paragraph (1)(B) shall be treated for all purposes (both civil and criminal, including penalties for perjury) in the same manner as though signed or subscribed.

(3)

Published guidance

(A)

In general

The Secretary shall publish guidance as appropriate to define and implement any waiver of the signature requirements or any method adopted under paragraph (1).

(B)

Electronic signatures for disclosure authorizations to, and other authorizations of, practitioners

Not later than 6 months after the date of the enactment of this subparagraph, the Secretary shall publish guidance to establish uniform standards and procedures for the acceptance of taxpayers’ signatures appearing in electronic form with respect to any request for disclosure of a taxpayer’s return or return information under section 6103(c) to a practitioner or any power of attorney granted by a taxpayer to a practitioner.

(C)

Practitioner

For purposes of subparagraph (B), the term “practitioner” means any individual in good standing who is regulated under section 330 of title 31, United States Code.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 16, 1954, ch. 736, 68A Stat. 748 · 68A Stat. 748

    Enacted · 26 U.S.C. § 6061

    Aug. 16, 1954, ch. 736, 68A Stat. 748

    Source evidence

    Code source credit
    Aug. 16, 1954, ch. 736, 68A Stat. 748

  2. Pub. L. 94–455 title XIX § 1906(b)(13)(A) · 90 Stat. 1520

    Struck · 26 U.S.C. § 6061

    Pub. L. 94–455 struck out “or his delegate” after “Secretary”

    Source evidence

    Code amendment note
    Pub. L. 94–455 struck out “or his delegate” after “Secretary”.

    Enacted provision · exact public law section
    (A) The Internal Revenue Code of 1954, as amended by this Act, is amended by striking out “Secretary or his delegate” each place it appears and inserting in lieu thereof “Secretary”.

  3. Internal Revenue Service Restructuring and Reform Act of 1998

    Pub. L. 105–206 title II § 2003(a) · 112 Stat. 685

    1. Amended · 26 U.S.C. § 6061

      Pub. L. 105–206 designated existing provisions as subsec. (a)

    2. Inserted · 26 U.S.C. § 6061

      Pub. L. 105–206 inserted subsec. heading

    3. Substituted · 26 U.S.C. § 6061

      Pub. L. 105–206 substituted “Except as otherwise provided by subsection (b) and” for “Except as otherwise provided by”

    4. Added · 26 U.S.C. § 6061

      Pub. L. 105–206 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 105–206 designated existing provisions as subsec. (a), inserted subsec. heading, substituted “Except as otherwise provided by subsection (b) and” for “Except as otherwise provided by”, and added subsec. (b).

    Enacted provision · exact public law section
    (a) In General.— Section 6061 (relating to signing of returns and other documents) is amended— (1) by striking “Except as otherwise provided by” and inserting the following: “(a) General Rule.— Except as otherwise provided by subsection (b) and”; and (2) by adding at the end the following new subsection: “(b) Electronic Signatures.— “(1) Procedures. In general.— The Secretary shall develop procedures for the acceptance of signatures in digital or other electronic form. Until such time as such procedures are in place, the Secretary may— “(A) waive the requirement of a signature for; or “(B) provide for alternative methods of signing or subscribing, a particular type or class of return, declaration, statement, or other document required or permitted to be made or written under internal revenue laws and regulations. “(2) Treatment of alternative methods.— Notwithstanding any other provision of law, any return, declaration, statement, or other document filed and verified, signed, or subscribed under any method adopted under paragraph (1)(B) shall be treated for all purposes (both civil and criminal, including penalties for perjury) in the same manner as though signed or subscribed. “(3) Published guidance.— The Secretary shall publish guidance as appropriate to define and implement any waiver of the signature requirements or any method adopted under paragraph (1).”.

    Effective date note
    Pub. L. 105–206, title II, § 2003(f), July 22, 1998, 112 Stat. 725, provided that: “The amendments made by this section [amending this section and section 7502 of this title] shall take effect on the date of the enactment of this Act [July 22, 1998].”

  4. Taxpayer First Act

    Pub. L. 116–25 title II § 2302 · 133 Stat. 981

    Amended · 26 U.S.C. § 6061(b)(3)

    Pub. L. 116–25 amended par. (3) generally. Prior to amendment, text of par. (3) read as follows: “The Secretary shall publish guidance as appropriate to define and implement any waiver of the signature requirements or any method adopted under paragraph (1).”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 116–25 amended par. (3) generally. Prior to amendment, text of par. (3) read as follows: “The Secretary shall publish guidance as appropriate to define and implement any waiver of the signature requirements or any method adopted under paragraph (1).”

    Enacted provision · exact public law section
    SEC. 2302. UNIFORM STANDARDS FOR THE USE OF ELECTRONIC SIGNATURES FOR DISCLOSURE AUTHORIZATIONS TO, AND OTHER AUTHORIZATIONS OF, PRACTITIONERS.   Section 6061(b)(3) is amended to read as follows: “(3) Published guidance.— “(A) In general.— The Secretary shall publish guidance as appropriate to define and implement any waiver of the signature requirements or any method adopted under paragraph (1). “(B) Electronic signatures for disclosure authorizations to, and other authorizations of, practitioners.— Not later than 6 months Deadline. Procedures. after the date of the enactment of this subparagraph, the Secretary shall publish guidance to establish uniform standards and procedures for the acceptance of taxpayers’ signatures appearing in electronic form with respect to any request for disclosure of a taxpayer’s return or return information under section 6103(c) to a practitioner or any power of attorney granted by a taxpayer to a practitioner. “(C) Practitioner.— For purposes of subparagraph (B), the term ‘practitioner’ means any individual in good standing who is regulated under section 330 of title 31, United States Code.” .

6 of 7 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

The date of the enactment of this subparagraph, referred to in subsec. (b)(3)(B), is the date of enactment of Pub. L. 116–25, which was approved .

Amendments1976–2019 · 3 rounds

2019

Subsec. (b)(3). Pub. L. 116–25 amended par. (3) generally. Prior to amendment, text of par. (3) read as follows: “The Secretary shall publish guidance as appropriate to define and implement any waiver of the signature requirements or any method adopted under paragraph (1).”

1998

Pub. L. 105–206 designated existing provisions as subsec. (a), inserted subsec. heading, substituted “Except as otherwise provided by subsection (b) and” for “Except as otherwise provided by”, and added subsec. (b).

1976

Pub. L. 94–455 struck out “or his delegate” after “Secretary”.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Pub. L. 105–206, title II, § 2003(f), , 112 Stat. 725, provided that: “The amendments made by this section [amending this section and section 7502 of this title] shall take effect on the date of the enactment of this Act [].”

Credits

1954–2019 · 4 acts
  1. 1954Aug. 16, 1954, ch. 736, 68A Stat. 748
  2. 1976Pub. L. 94–455, title XIX, § 1906(b)(13)(A), , 90 Stat. 1834
  3. 1998Pub. L. 105–206, title II, § 2003(a), , 112 Stat. 724
  4. 2019Pub. L. 116–25, title II, § 2302, , 133 Stat. 1013.
Show as published

(Aug. 16, 1954, ch. 736, 68A Stat. 748; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), , 90 Stat. 1834; Pub. L. 105–206, title II, § 2003(a), , 112 Stat. 724; Pub. L. 116–25, title II, § 2302, , 133 Stat. 1013.)

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