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the case of a change in tax year, the

Do not file a request for

first effective year is the short period

html

(updated annually) for

automatic approval with either

required to effect the change.

information on requesting a ruling.

address below. Doing so will

CAUTION

•

To request automatic approval to

result in a significant delay in the

Note. An extension request under

change a tax year under Rev. Proc.

processing of your request.

Rev. Proc. 2011-1 (or its successor)

2006-45 (Form 1128, Part II, Section

requires payment of a user fee.

Part III—Ruling Request

A) or Rev. Proc. 2006-46, 2006-45

If Part III (ruling request) applies to

I.R.B. 859 at

Early Applications

2006-45_IRB/index.html

(Form 1128,

the applicant, file Form 1128 and the

Generally, an application to adopt or

Part II, Section B), file by the due

appropriate user fee with the IRS

change a tax year will not be

date of the return (including

National Office. Mail Form 1128 to:

considered if it is submitted before

extensions) for the short period

Internal Revenue Service

the end of the short period.

required to effect the change. A Form

Associate Chief Counsel (Income

1128 filed by a controlling domestic

Tax and Accounting)

Where To File

shareholder (or its common parent)

Attention: CC:PA:LPD:DRU

on behalf of a CFC or 10/50

P.O. Box 7604

Part II—Automatic Approval

corporation is due no later than the

Ben Franklin Station

due date (including extensions) of

Request

Washington, DC 20044-7604

that shareholder’s (or its common

If Part II (automatic approval request)

The IRS will acknowledge receipt

parent’s) income tax return for its tax

applies to the applicant, file Form

of the application within 45 days. You

year with or within which ends the

1128 with the Internal Revenue

can inquire about the status of the

first effective year of the CFC or 10/

Service Center, Attention: Entity

application by writing to:

50 corporation.

Control, where the applicant’s income

•

For an individual filing to change to

Control Clerk, CC:ITA

tax return is filed. The applicant also

a calendar year under Rev. Proc.

Internal Revenue Service

must attach a copy of Form 1128 to

2003-62, 2003-32 I.R.B. 299 at

www.

Room 4516

the federal income tax return filed for

irs.gov/irb/2003-32_IRB/index.html

1111 Constitution Ave., NW

the short period required to effect the

(Form 1128, Part II, Section C), Form

Washington, DC 20224-0002

change.

1128 must be filed on or before the

The applicant will receive

CFCs and 10/50 corporations. If

due date (including extensions) for

notification of its approval or denial. If

the form is filed on behalf of a CFC or

filing the federal income tax return for

no communication is received from

10/50 corporation, the controlling

the short period required to effect the

the IRS regarding the application

domestic shareholder who retains the

change.

within 90 days, contact the Control

•

jointly executed consent described in

To change a tax year under Rev.

Clerk.

Regulations section 1.964-1(c)(3)(ii)

Proc. 85-58 (Form 1128, Part II,

Exempt organizations requesting a

must file Form 1128 with its tax return

Section D), file by the 15th day of the

ruling should send Form 1128 and

for its tax year with or within which

5th calendar month after the end of

ends the first effective year of the

the application user fee to:

the short period.

CFC or the 10/50 corporation. The

Internal Revenue Service

Late Applications

other controlling domestic

P.O. Box 12192

shareholder(s) must attach a copy of

Generally, an application filed after

Covington, KY 41012-0192

the form to its income tax return for its

the appropriate due date stated

You can inquire about the status of

tax year with or within which ends the

above is considered late.

an application for exempt

tax year of the CFC or 10/50

However, applications filed within

organizations by calling

corporation.

90 days after the due date may be

1-877-829-5500.

Note. If a corporation is required to

considered as timely filed under

Who Must Sign

file Form 1128 with its tax return and

Regulations section 301.9100-1 when

is a member of an affiliated group of

the applicant establishes that:

Except as discussed below

corporations filing a consolidated

1. The taxpayer acted reasonably

(regarding automatic approval

return, the common parent must file

and in good faith and

requests filed on behalf of a CFC or

the Form 1128 with the consolidated

2. Granting relief will not prejudice

10/50 corporation), Form 1128 must

return.

the interests of the government.

be signed by the filer as discussed

Applications prior to an election to

below. A valid signature by the

Applications that are filed more

become an S corporation. If a

individual or an officer of the

than 90 days after the due date are

corporation is requesting to change

organization is required on Form

presumed to jeopardize the interests

its tax year prior to making an

1128. If the form does not have a

of the Government, and will be

election to become an S corporation

valid signature, it will not be

approved only in unusual and

and the requested tax year is a

considered.

compelling circumstances.

permitted tax year for S corporations

Individuals

Under either circumstance, an

(for example, a calendar tax year), file

extension request must be filed under

Form 1128 as an attachment to Form

If this application is for a husband and

Procedure and Administration

2553 to ensure that the S corporation

wife, enter both names on the line

Regulations section 301.9100-3 and

is permitted the tax year requested on

“Name of filer.” Both husband and

is a ruling request under Rev. Proc.

Form 2553. See Form 1128, Part II,

wife must sign the application on the

2011-7, 2011-1 I.R.B. 233 at

line 2. Do not file Form 1128 with the

line “Signature and date.”

gov/irb/2011-01_IRB/index.html

and

above address for automatic approval

Partnerships

is subject to public inspection under

requests. For information on where to

section 6110. See section 7 of Rev.

file Form 2553, see the Instructions

Show the partnership name, followed

Proc. 2011-1, 2011-1 I.R.B. 1 at

for Form 2553.

by the signature of a general partner

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Instructions For Form 1128 - Application To Adopt, Change, Or Retain A Tax Year - 2011 Page 2

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