H.R. 5443House115th Congress (2017-2019)Passed House

To amend the Internal Revenue Code of 1986 to require electronic filing of the annual returns of exempt organizations and provide for making such returns available for public inspection.

Sponsored by Mike KellyRep. Mike Kelly (R-PA)
Introduced April 10, 2018

AI-Generated Summary

Updated April 15, 2026 at 9:09 PM UTC

The bill changes the tax code so that charities and other tax‑exempt groups must file their annual information returns (such as Form 990) electronically. It also requires the IRS to make those electronic returns publicly available in a machine‑readable format. The rule applies to returns filed after the law takes effect, but it gives small charities and organizations that file Form 990‑T a possible two‑year grace period.

Key Provisions

  • All exempt organizations that are required to file an annual return must do so electronically.
  • The IRS must provide the electronically filed returns to the public in a machine‑readable format.
  • The new filing requirement starts for tax years beginning after the law’s enactment, unless the Treasury Secretary grants a delay.
  • Small organizations (gross receipts under $200,000 and assets under $500,000) can receive a delay of up to two years if the filing requirement would be an undue burden.
  • Organizations that file Form 990‑T (or are otherwise subject to unrelated business income tax) can also receive a delay of up to two years.

Legislative Activity

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10 earlier actions
HouseFloor Latest Action

Pursuant to the provisions of H. Res. 831, H.R. 5443 is laid on the table.

April 18, 2018 • 6:24 PM

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HouseIntro Referral

Introduced in House

April 10, 2018

HouseIntro Referral

Referred to the House Committee on Ways and Means.

April 10, 2018

HouseCommittee

Committee Consideration and Mark-up Session Held.

April 11, 2018

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

April 11, 2018

HouseFloor

Mr. Kelly (PA) moved to suspend the rules and pass the bill, as amended.

April 17, 2018 • 2:28 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H3371-3372)

April 17, 2018 • 2:28 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 5443.

April 17, 2018 • 2:28 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H3371)

April 17, 2018 • 2:41 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H3371)

April 17, 2018 • 2:41 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

April 17, 2018 • 2:41 PM

HouseFloor

Pursuant to the provisions of H. Res. 831, H.R. 5443 is laid on the table.

April 18, 2018 • 6:24 PM

Floor Debate

11 members

What members said about H.R. 5443 on the floor

5 Republicans6 Democrats
Rob Woodall
Rep. Rob WoodallR-GA-7 · Apr 18, 2018

Mr. Speaker, I rise, unexpectedly, on tax day. You probably woke up on Monday morning this week thinking Tuesday was going to be tax day, as most of America did, but, lo and behold, when the IRS'…

Dan Newhouse
Rep. Dan NewhouseR-WA-4 · Apr 18, 2018

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 831 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Mike Kelly
Rep. Mike KellyR-PA-3 · Apr 17, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5443) to amend the Internal Revenue Code of 1986 to require electronic filing of the annual returns of exempt organizations and…

Jared Polis
Rep. Jared PolisD-CO-2 · Apr 18, 2018

Mr. Speaker, I thank the gentleman for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, I rise in opposition to the rule for H.R. 5444 and H.R. 5445.…

Brad Sherman
Rep. Brad ShermanD-CA-30 · Apr 18, 2018

Mr. Speaker, vote against this rule for three reasons: First, it is a closed rule. You should always vote against a closed rule. But second, it is the embodiment of a pernicious tradition of always…

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Bill Pascrell, Jr.
Rep. Bill Pascrell, Jr.D-NJ-9 · Apr 18, 2018

Mr. Speaker, yesterday was tax day. Today is tax day. I call upon House Republicans to allow review of the President's tax returns. Now it is tax day again, so I want to reiterate and give my…

Anna G. Eshoo
Rep. Anna G. EshooD-CA-18 · Apr 18, 2018

Mr. Speaker, I thank the gentleman, my good friend, for yielding. Mr. Speaker, I rise today in opposition to the rule, and I want to urge my colleagues on both sides of the aisle to defeat the…

Stephanie N. Murphy
Rep. Stephanie N. MurphyD-FL-7 · Apr 17, 2018

Mr. Speaker, I am proud to be the lead Democrat on this bipartisan bill which would provide government officials with the timely information they need to prevent and punish fraud in connection with…

John Lewis
Rep. John LewisD-GA-5 · Apr 17, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, let me just thank my friend and colleague from Pennsylvania for those kind words. Say hello to your grandson George. Mr. Speaker,…

Diane Black
Rep. Diane BlackR-TN-6 · Apr 23, 2018

Mr. Speaker, I am not recorded for roll call votes on Tuesday, April 17, 2018 and Wednesday, April 18, 2018 because I was unavoidably detained. Had I been present, I would have voted Aye on final…

Steve Scalise
Rep. Steve ScaliseR-LA-1 · Apr 18, 2018

Mr. Speaker, I was unavoidably detained. Had I been present, I would have voted ``yea'' on rollcall No. 143 and ``yea'' on rollcall No. 144.

Bill Text

Latest available legislative text

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Introduced in HouseIssued April 10, 2018

I

115th CONGRESS

2d Session

H. R. 5443

IN THE HOUSE OF REPRESENTATIVES

April 10, 2018

Mr. Kelly of Pennsylvania (for himself and Mrs. Murphy of Florida) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to require electronic filing of the annual returns of exempt organizations and provide for making such returns available for public inspection.

1.

Mandatory electronic filing for annual returns of exempt organizations

(a)

In general

Section 6033 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection:

(n)

Mandatory electronic filing

Any organization required to file a return under this section shall file such return in electronic form.

.

(b)

Inspection of electronically filed annual returns

Section 6104(b) of such Code is amended by adding at the end the following: Any annual return required to be filed electronically under section 6033(n) shall be made available by the Secretary to the public in machine readable format..

(c)

Effective date

(1)

In general

Except as provided in paragraph (2), the amendments made by this subsection shall apply to returns filed for taxable years beginning after the date of the enactment of this Act.

(2)

Transitional relief

(A)

Small organizations

(i)

In general

In the case of any small organizations, or any other organizations for which the Secretary of the Treasury or the Secretary’s delegate (hereafter referred to in this paragraph as the Secretary) determines the application of the amendments made by subsection (a) would cause undue burden without a delay, the Secretary may delay the application of such amendments, but not later than taxable years beginning 2 years after the date of the enactment of this Act.

(ii)

Small organization

For purposes of clause (i), the term small organization means any organization—

(I)

the gross receipts of which for the taxable year are less than $200,000, and

(II)

the aggregate gross assets of which at the end of the taxable year are less than $500,000.

(B)

Organizations filing form 990–T

In the case of any organization described in section 511(a)(2) of the Internal Revenue Code of 1986 which is subject to the tax imposed by section 511(a)(1) of such Code on its unrelated business taxable income, or any organization required to file a return under section 6033 of such Code and include information under subsection (e) thereof, the Secretary may delay the application of the amendments made by this section, but not later than taxable years beginning 2 years after the date of the enactment of this Act.