119-S2129

Bill is currently in: Senate
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House Senate President

119th CONGRESS

1st Session

S. 2129

1. Short title
2. Certain married individuals treated as unmarried

1. Short title

This Act may be cited as the "Survivors Assistance for Fear-free and Easy Tax Filing Act of 2025" or the "SAFE Tax Filing Act of 2025".

2. Certain married individuals treated as unmarried

(a) In general - Subsection (b) of section 7703 of the Internal Revenue Code of 1986 is amended—

(1) - by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), and by moving such subparagraphs and the flush text following such subparagraphs 2 ems to the right,

(2) In general - by striking ", if—" and inserting “—

(1) In general - If—

(3) Domestic abuse or spousal abandonment - by adding at the end the following new paragraphs:

(2) Domestic abuse or spousal abandonment -

(A) In general - In the case of an individual who—

(i) - is living apart from the individual's spouse as of the last day of the taxable year,

(ii) - is a survivor of domestic abuse committed by the individual's spouse or of spousal abandonment by the individual's current spouse, and

(iii) - indicates on the return of tax, in accordance with relevant instructions, that the individual is described in clauses (i) and (ii),

(B) Election - An election for purposes of subparagraph (A) shall be effective only for the taxable year for which made.

(C) Definitions - For purposes of this paragraph—

(i) Domestic abuse - The term domestic abuse includes physical, psychological, sexual, emotional, or economic abuse, including efforts to control, isolate, humiliate, or intimidate the survivor, or to undermine the survivor’s ability to reason independently. All the facts and circumstances shall be considered in determining whether an individual is a survivor of domestic abuse. Depending on the facts and circumstances, abuse of the survivor’s child or another family member living in the household may constitute abuse of the survivor.

(ii) Spousal abandonment - An individual is a survivor of spousal abandonment at a given time if, taking into account all facts and circumstances, the individual is unable to locate the individual's spouse after reasonable diligence.

(3) No effect on spouse - The treatment of the individual described in paragraph (1)(A) or (2)(A), whichever the case may be, shall not affect the treatment of the individual's spouse as married.

(b) Due diligence requirements for tax return preparers - Subsection (g) of section 6695 of the Internal Revenue Code of 1986 is amended—

(1) - by redesignating paragraph (2) as paragraph (3),

(2) - by striking "or" at the end of paragraph (1), and

(3) - by inserting after paragraph (1) the following new paragraph:

(2) - eligibility to elect under section 7703(b)(2) to be treated as not married, or

(c) Effective date - The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.