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sections 521, 526, 527, or 528;

and is subject to public inspection under

the applicant has a P.O. box, show the

organizations described in section

section 6110. See section 8 of Rev.

box number instead of the street

401(a); and organizations involved in a

Proc. 96-1 for specific information on

address.

requesting a ruling.

group change in tax year for all its

Person to contact.—The person to

subordinate organizations.

contact must be the person authorized

Early Applications

10. An employee plan or trust filing

to sign the Form 1128, or the applicant’s

Form 5308, Request for Change in

Generally, an application to adopt or

authorized representative. If the person

change a tax year will not be considered

Plan/Trust Year, to change its plan or

to contact is an agent for the applicant,

if it is submitted more than 60 days

trust year.

attach a power of attorney to the

before the close of the short year.

application. For this purpose, use Form

11. A foreign sales corporation (FSC)

2848, Power of Attorney and Declaration

or an interest charge-domestic

of Representative.

Specific Instructions

international sales corporation (IC-DISC)

changing to the tax year of the U.S.

Lines 2a and 2b.—A 52–53 week tax

All applicants complete Part I of Form

shareholder with the highest percentage

year must end on the date a specified

1128.

of voting power under section 441(h).

day of the week last occurs in a

Part II is completed by applicants

particular month or on the date that day

12. A specified foreign corporation

requesting expeditious approval of a

of the week occurs nearest to the last

(SFC) defined in section 898(b)(1)

change in tax year under Rev. Proc.

day of a particular calendar month. If the

conforming its tax year to the required

92-13, Rev. Proc. 66-50, Rev. Proc.

requested year is a 52–53 week tax

tax year, including an SFC that is

76-10, 1976-1 C.B. 548, Rev. Proc.

year, describe the year (e.g., last

treated as a controlled foreign

85-58, and applicants requesting

Saturday in December or Saturday

corporation making the one-month

expeditious approval of a change or

nearest to December 31).

deferral election under section

retention of a tax year under Rev. Proc.

898(c)(1)(B).

Line 2c.—The required short period

87-32.

return must begin on the day following

13. An SFC changing its tax year back

Part III is completed by applicants

the close of the old tax year and end on

to a previous tax year as described in

requesting to adopt, change, or retain a

the day before the first day of the new

Notice 95-13, 1995-1 C.B. 296.

tax year that cannot use the expeditious

tax year. In its first year, the tax year

When To File

procedures listed above.

generally starts when business

operations begin. A corporation’s tax

Also, corporations, S corporations,

To change a tax year, generally file by

year begins at the earliest of the

partnerships, controlled foreign

the 15th day of the 2nd calendar month

following:

corporations, possession corporations,

after the short period ends. For example,

tax-exempt organizations, estates,

The date it first has shareholders,

to change to a calendar year, file by the

passive foreign investment companies,

15th day of February of the next year.

The date it first has assets, or

personal service corporations,

To change a tax year under Rev. Proc.

The date it first begins doing business.

cooperatives, foreign personal holding

85-58, file by the 15th day of the 5th

The initial year ends on the day before

companies, and other foreign

calendar month after the short period

the first day of the new tax year.

corporations must complete the specific

ends.

Line 7.—Check the “Yes” box if the

section(s) in Part III that applies to that

For an individual filing to change to a

applicant wants a conference of right at

particular entity.

calendar year under Rev. Proc. 66-50,

the IRS National Office if the IRS

1966-2 C.B. 1260, file by the last day of

proposes to disapprove the application.

Part I—General Information

January.

Line 8.—Applicants filing Form 1128 to

Caution: Do not file a tax return using

For partnership adoptions, file by the

request an expeditious approval for a

the requested tax year until this

end of the month following the close of

change in tax year under Rev. Procs.

application is approved.

the requested tax year.

92-13, 87-32, 66-50, 85-58 or 76-10 are

All attachments to Form 1128 must

not required to pay a user fee when

To retain a tax year, file by the 75th

show the applicant’s name, identifying

Form 1128 is filed on time.

day of the beginning of the tax year for

number, and address. Also indicate that

which the retention is to apply.

Applicants filing Form 1128 to request

the statement is an attachment to Form

a ruling on a change in tax year under

Late Applications

1128.

Rev. Proc. 96-1 must pay a $200 user

Name.—If the application is filed for a

fee. A separate $275 user fee is also

A Form 1128 that is filed after the

husband and wife who file a joint

required for applicants (including

appropriate due date stated above is

income tax return, the names of both

applicants requesting approval under

considered a late application.

should appear in the heading.

Rev. Procs. 92-13, 87-32, and 66-50)

However, applications filed within 90

that apply for an extension of time to file

Identifying number.—Individuals enter

days after the time required for filing

under Regulations section 301.9100-1.

their social security number (SSN) in this

may be considered as timely filed under

Payment of the user fee (check or

block. If the application is for a husband

Regulations section 301.9100-1 when

money order made payable to the

and wife who file a joint return, enter

the applicant establishes that:

Internal Revenue Service) must be sent

both SSNs. However, if one or both are

1. The taxpayer acted reasonably and

with Form 1128 at the time the form is

engaged in a trade or business, enter

in good faith, and

filed. See Rev. Proc. 96-1 for more

the employer identification number (EIN)

2. Granting relief will not prejudice the

information.

instead of the SSNs. Applicants other

interests of the Government. See section

than individuals enter their EIN in this

5 of Rev. Proc. 92-85, 1992-2 C.B. 490.

Part II—Expeditious

block. If the applicant has not received

Applications filed beyond 90 days

its EIN by the time the application is

Approval Requests

after the due date of Form 1128 will

due, write “Applied for” in the space for

generally be presumed to jeopardize the

Complete Part II if the applicant can use

the EIN. Get Pub. 583, Starting a

interests of the Government.

the expeditious approval rules under one

Business and Keeping Records.

of the revenue procedures listed below

An extension request filed under

Address.—Include the suite, room, or

and the application is filed on time. If the

Regulations section 301.9100-1 and

other unit number after the street

applicant does not qualify, a ruling may

Rev. Proc. 92-85 is a ruling request

address. If the Post Office does not

be requested. See Part III for details.

under Rev. Proc. 96-1, 1996-1 I.R.B. 8,

deliver mail to the street address and

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Instructions For Form 1128 - Application To Adopt, Change, Or Retain A Tax Year - 1996 Page 2

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