1128
Application To Adopt, Change, or Retain a Tax Year
Form 1128, Application To Adopt, Change, or Retain a Tax Year, is the IRS application for a new or different annual accounting period. The instructions say it is filed to request a change in tax year, and that partnerships, S corporations, personal service corporations (PSCs) or trusts may be required to file it to adopt or retain a certain tax year.
Every filer completes Part I and signs. Part II is an automatic approval request under the revenue procedures it names, and Part III is a ruling request for applicants that cannot use the automatic procedures. The form has boxes for individuals, corporations, partnerships, estates, trusts, tax-exempt organizations and foreign corporations.
This page has the October 2014 revision. A note at the front of the PDF gives a newer mailing address for exempt organization ruling requests. You can fill out the PDF free in your browser on this page and download it without an account.
Filer and applicant names and identifying numbers, address, service center, contact person, type of applicant on line 1, the requested tax year on line 2, financial reporting year, accounting method and nature of business.
The filer's signature, date, name and title, and the Paid Preparer Use Only area.
Yes or No questions in Section A for corporations, Section B for partnerships, S corporations, PSCs and trusts, Section C for individuals and Section D for tax-exempt organizations.
Examination status, prior changes within 48 months, business purpose and natural business year tests, income for the 3 prior years and the short period, related entities, Form 2848, a conference request and the user fee.
Extra questions for corporations, S corporations, partnerships, controlled foreign corporations, tax-exempt organizations, estates and passive foreign investment companies, mostly with statements to attach.
Enter the filer and, if different, the applicant. The instructions say to write "Applied for" if the EIN or SSN has not arrived by the due date, and to attach Form 2848 if the contact person is not the filer or applicant.
Check every box that fits the applicant. On line 2a choose adopt, change or retain, and describe a 52-53-week year if requested. Line 2c gives the dates of the first return or short period return.
The instructions say applicants requesting automatic approval complete Parts I and II only, in the section for their entity type. Others complete Part III, Section A plus the section that applies.
Attach what the lines ask for, such as gross receipts for the most recent 47 months for the 25-percent gross receipts test, shareholder or partner lists, and copies of prior letter rulings.
The instructions say a valid signature by the individual or an officer of the organization is required. A general partner, fiduciary or principal officer signs for other entities.
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The instructions say to file by the due date (not including extensions) of the federal income tax return for the first effective year, and not earlier than the day following the end of that year.
File by the due date of the return (including extensions) for the short period. Under Rev. Proc. 85-58, file by the 15th day of the 5th calendar month after the end of the short period.
Internal Revenue Service Center, Attention: Entity Control, at the address where the applicant's income tax return is filed. A copy is also attached to the return for the short period.
Internal Revenue Service, Associate Chief Counsel (Income Tax and Accounting), Attention: CC:PA:LPD:DRU, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044-7604, with the user fee.
Internal Revenue Service, 1973 N Rulon White Blvd, M/S 6273, Ogden, Utah 84201. The instructions list 877-829-5500 for status questions.
The instructions say one filed within 90 days after the due date may be considered timely if the applicant acted reasonably and in good faith and relief will not prejudice the government.
8716
19 fields, 3 pages
2553
100 fields, 4 pages
2848
92 fields, 2 pages
5308
30 fields, 2 pages
3115
294 fields, 8 pages
SS-4
89 fields, 2 pages
The taxpayer whose tax year is changing files the form with the IRS. For some groups and foreign corporations, another filer files it on the applicant's behalf.
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The instructions say no user fee is required for an automatic approval request under Part II. A letter ruling request under Part III requires a user fee, entered on line 14 and published each year in a revenue procedure.
Yes. Part II, Section C covers an individual requesting a change from a fiscal year to a calendar year, and Part III lists Section A for individuals who need a ruling.
The instructions say the IRS will acknowledge receipt within 45 days. If there is no communication within 90 days, they say to contact the Control Clerk.
For a ruling request, the instructions say not to file a tax return using the requested tax year until the application is approved.
The instructions describe it as the period that begins the day after the old tax year closes and ends the day before the new tax year begins, usually less than 12 months.
The instructions list a corporation electing S status on Form 2553 and requesting to change or retain its tax year as an exception. One changing to a permitted S corporation year before the election attaches Form 1128 to Form 2553.
It says the filing address for exempt organizations requesting a ruling has changed to Internal Revenue Service, 1973 N Rulon White Blvd M/S 6273, Ogden, Utah 84201.