Page:United States Statutes at Large Volume 110 Part 2.djvu/675

 PUBLIC LAW 104-168-^ULY 30, 1996 110 STAT. 1467 SEC. 904. VOLUNTEER BOARD MEMBERS OF TAX-EXEMPT ORGANIZA- TIONS EXEMPT FROM PENALTY FOR FAILURE TO COL- LECT AND PAY OVER TAX. (a) IN GENERAL. — Section 6672 is simended by adding at the end the following new subsection: "(e) EXCEPTION FOR VOLUNTARY BOARD MEMBERS OF TAX- EXEMPT ORGANIZATIONS. —No penalty shall be imposed by subsection (a) on any unpaid, volunteer member of any board of trustees or directors of an organization exempt from tax under subtitle A if such member— "(1) is solely serving in an honorary capacity, "(2) does not participate in the day-to-day or financial operations of the organization, and "(3) does not have actual knowledge of the failure on which such penalty is imposed. The preceding sentence shall not apply if it results in no person being Uable for the penalty imposed by subsection (a).". (b) PUBLIC INFORMATION REQUIREMENTS.— 26 USC 6672 (1) IN GENERAL.—The Secretary of the Treasury or the note. Secretary's delegate (hereafter in this subsection referred to as the "Secreta]^') shall take such actions as may be appropriate to ensure that employees are aware of their responsibilities under the Federal tax depository system, the circumstances under which employees may be Hable for the penalty imposed by section 6672 of the Internal Revenue Code of 1986, and the responsibility to promptly report to the Internal Revenue Service any failure referred to in subsection (a) of such section 6672. Such actions shall include— (A) printing of a warning on deposit coupon booklets and the appropriate tax returns that certain employees may be Uable for the penalty imposed by such section 6672, and (B) the development of a special information packet. (2) DEVELOPMENT OF EXPLANATORY MATERIALS.— The Secretary shall develop materials explsdning the circumstances under which board members of tax-exempt organizations (including volimtary and honorary members) may be subject to penalty under section 6672 of such Code. Such materials shall be made available to tax-exempt orgeinizations. (3) IRS INSTRUCTIONS.—The Secretary shall clarify the instructions to Internal Revenue Service employees on the application of the penalty xmder section 6672 of such Code with regard to volimtary members of boards of trustees or directors of tax-exempt organizations. TITLE X—MODIFICATIONS OF RULES RELATING TO SUMMONSES SEC. 1001. ENROLLED AGENTS INCLUDED AS THIRD-PARTY RECORD- KEEPERS. (a) IN GENERAL.— Paragraph (3) of section 7609(a) (relating to third-party recordkeeper denned) is amended by striking "and at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting "; and", and by adding at the end the following the subparagraph:

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