Instructions For Form 1128 (Rev. January 2006) (Page 2 of 8) in pdf

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To change a tax year under Rev.

Applications prior to an election to

corporations), Form 1128 must be

Proc. 85-58 (Part II, Section D), file

become an S corporation. If a

signed by the applicant as discussed

by the 15th day of the 5th calendar

corporation is requesting to change

below. A valid signature by the

month after the end of the short

its tax year prior to making an

individual or an officer of the

period.

election to become an S corporation

organization is required on Form

and the requested tax year is a

1128. If the form does not have a

Late Applications

permitted tax year for S corporations

valid signature, it will not be

(for example, a calendar tax year), file

considered.

Generally, an application filed after

Form 1128 as an attachment to Form

the appropriate due date stated

Individuals

2553 to ensure that the S corporation

above is considered late.

If this application is for a husband and

is permitted the tax year requested on

However, applications filed within

wife, enter both names on the line

Form 2553. See line 2 of Part II on

90 days after the due date may be

“Name of applicant.” Both husband

Form 1128. Do not file Form 1128

considered as timely filed under

and wife must sign the application on

with the above address for automatic

Regulations section 301.9100-1 when

the line “Applicant or officer’s

approval requests. For information on

the applicant establishes that:

signature and date.”

where to file Form 2553, see the

Instructions for Form 2553.

1. The taxpayer acted reasonably

Partnerships

and in good faith and

Do not file a request for

Show the partnership name, followed

2. Granting relief will not prejudice

automatic approval with either

by the signature of a general partner

the interests of the government.

address below. Doing so will

CAUTION

on behalf of a state law partnership,

result in a significant delay in the

or a member-manager on behalf of a

Applications that are filed more

processing of your request.

limited liability company.

than 90 days after the due date are

presumed to jeopardize the interests

Part III—Ruling Request

Estates

of the Government, and will be

If Part III (ruling request) applies to

Show the name of the estate and the

approved only in unusual and

the applicant, file Form 1128 and the

signature and title of the fiduciary or

compelling circumstances.

appropriate user fee with the IRS

other person legally authorized to

Under either circumstance, an

National Office. Mail Form 1128 to:

sign.

extension request must be filed under

Internal Revenue Service,

Tax-Exempt Organizations

Procedure and Administration

Associate Chief Counsel (Income

Regulations section 301.9100-3 and

Tax and Accounting)

Show the name of the organization

is a ruling request under Rev. Proc.

Attention: CC:PA:LPD:DRU,

and the signature of a principal officer

2005-1, 2005-1 I.R.B. 1 (updated

P.O. Box 7604, Ben Franklin

or other person authorized to sign,

annually), and is subject to public

Station,

followed by his or her title.

inspection under section 6110. See

Washington, DC 20044-7604.

All Other Applicants

section 7 of Rev. Proc. 2005-1 for

The IRS will acknowledge receipt

information on requesting a ruling.

The application must show the name

of the application within 45 days. You

of the company and the signature of

can inquire about the status of the

Note. An extension request under

the president, vice president,

application by writing to:

Rev. Proc. 2005-1 (or its successor),

treasurer, assistant treasurer, or chief

Control Clerk, CC:ITA,

requires payment of a user fee.

accounting officer (such as tax

Internal Revenue Service, Room

officer) authorized to sign, and their

Early Applications

4516,

official title. Receivers, trustees, or

1111 Constitution Ave., NW,

Generally, an application to adopt or

assignees must sign any application

Washington, DC 20224-0002.

change a tax year will not be

they are required to file. For a

The applicant will receive

considered if it is submitted before

consolidated group filing a

notification of its approval or denial. If

the end of the short period.

consolidated return with its common

no communication is received from

parent, the form should be signed by

the IRS regarding the application

Where To File

an authorized officer of the common

within 90 days, contact the Control

parent corporation.

Clerk.

Part II—Automatic Approval

An application that is filed on

Exempt organizations requesting a

Request

behalf of a CFC must be signed by

ruling should send Form 1128 and

If Part II (automatic approval request)

an authorized officer of each of its

the application user fee to:

applies to the applicant, file Form

controlling U.S. shareholder(s). If any

Internal Revenue Service

1128 with the Internal Revenue

such shareholder is a member of a

Attention: EO Letter Rulings

Service Center, Attention: Entity

consolidated group, then an

P.O. Box 27720

Control, where the applicant’s income

authorized officer of the common

McPherson Station

tax return is filed. The applicant also

parent must sign. If multiple

Washington, DC 20038

must attach a copy of Form 1128 to

signatures are required, the

You can inquire about the status of

the federal income tax return filed for

signatures must be provided on a

an application for exempt

the short period required to effect the

“SIGNATURE ATTACHMENT” to the

organizations by calling

change. A shareholder filing the form

form under the “declaration under

1-877-829-5500.

on behalf of an applicant that is a

penalties of perjury” (this is the

CFC should file the form with the

statement that appears on Form 1128

Who Must Sign

service center where the

immediately above the relevant

shareholder’s income tax return is

Except as discussed below

signature line). Write “see attached”

filed.

(regarding certain foreign

in the signature area of Form 1128.

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Instructions For Form 1128 (Rev. January 2006) Page 2

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