“I have an s-corporation that is a fiscal year entity ending 09-30.Their 09-30-2012 year end has been extended and isn’t finished yet.” “I plan to revoke their fiscal year election in 2012 meaning they’ll have to file a short “calendar year” 2012 corporate return.I’ve attempted to extend that short calendar year return by electronically filing form 7004.It was rejected because IRS thinks they’re on a fiscal year.”===== Under pre-1983 law, an S corp was allowed to select any fiscal year. Because of perceived abuses, current law requires that an S corp generally be on a calendar year; however, an S corp may adopt any fiscal year as long as An S corp may adopt any FY end if it can establish that there is a business purpose for that fiscal year; and an S corp may elect a fiscal year that does not defer income for the shorter of three months, or the deferral period of the tax year from which the corporation is changing. Under the provisions of section 444, an S corp can elect to have a tax year other than a required year, but only if the deferral period of the tax year is not longer than the shorter of 3 months or the deferral period of the tax year being changed. This election is made by filing Form 8716, Election To Have a Tax Year Other Than a Required Tax Year. Thus, a new S corp may elect a fiscal year ending in September, October or November. A section 444 election ends if an S corporation changes its accounting period to a calendar year or some other permitted year. If the termination results in a short tax year, enter at the top of the first page of Form 1120S for the short tax year, “SECTION 444 ELECTION TERMINATED.”
“I now plan to mail the extension with an attachment explaining the situation.Is there a better way to handle this?=========Basically, all changes in a company's year-end must occur for a business purpose; the change of year-end is applied for on IRS Form 1128, which must be filed on or before the 15th day of the second calendar month following the close of the short period resulting from the desired change.However, form 1128 is not required if you are terminating an existing Sec. 444 election.I guess this is your situation. On the other hand, if the S corp was on a fiscal year and did not have a 444 election, then you are using the correct procedure)( I mean you need to file form 1128). OR there is a possibility: they may not have a 444 election, just using the wrong year. and the IRS May have never caught on to it. I guess, NOT sure .When a taxpayer changes its year-end, it will have to file a separate tax return for the short period resulting from the change in addition to the new year-end period. For instance, if a taxpayer changes from a Sep year-end to a December year-end, it must file a return for the period Oct to December in addition to the return it filed for the previous Oct through Sep. As a result, a taxpayer will have to file two returns in less than twelve months. Subsequent returns will cover twelve months of activity (or 52-53 weeks, if appropriate).I guess you need to contact the IRS for more info in detail. |