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26 U.S.C. § 6061 — Signing of returns and other documents

submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 318 words · no verdicts yet

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Returns and other documents must be signed as the Secretary requires. The Secretary must develop electronic-signature procedures and may temporarily allow waivers or alternatives, which receive the same legal treatment as signatures.

(a) Unless subsection (b), section 6062, or section 6063 provides otherwise, every return, statement, or other document required by internal-revenue law or regulation must be signed as the Secretary’s forms or regulations require. (b) (1) The Secretary must develop procedures for accepting digital or other electronic signatures. Until those procedures exist, the Secretary may waive a signature for a type or class of document or allow an alternative way to sign or subscribe it. (2) Despite any other law, a document filed and verified, signed, or subscribed under an adopted alternative method is treated for all civil and criminal purposes, including perjury penalties, as if it had been signed or subscribed. (3) The Secretary must publish guidance defining and implementing waivers and methods. Within six months after enactment of this subparagraph, the Secretary must publish uniform standards and procedures for electronic taxpayer signatures on requests under section 6103(c) to disclose returns or return information to a practitioner and on powers of attorney to practitioners. A practitioner is a regulated individual in good standing under 31 U.S.C. § 330.

the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 748; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 105–206, title II, § 2003(a), July 22, 1998, 112 Stat. 724; Pub. L. 116–25, title II, § 2302, July 1, 2019, 133 Stat. 1013.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of Aug. 16, 1954, ch. 736
  • 1976Amended · Pub. L. 94-455 · 90 Stat. 1834
  • 1998Amended · Pub. L. 105-206 · 112 Stat. 724
  • 2019Amended · Pub. L. 116-25 · 133 Stat. 1013

A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.

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