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Part III—Ruling Requests

statement required by Section H.

Benefits and Exempt Organizations), at

Complete Sections B and F for a

the following address: Internal Revenue

Complete Part III if the applicant cannot

tax-exempt organization that is a

Service, Attention: CC:DOM:CORP:T,

file under the expeditious approval rules

corporation.

P.O. Box 7604, Ben Franklin Station,

listed in Part II above or if the

Washington, DC 20044.

Note: Generally, a corporation cannot

application is late.

elect to be treated as an S corporation

The IRS will acknowledge receipt of

Rev. Rul. 87-57.—If a partnership,

for the tax year immediately following the

the application within 30 days. Inquire

S corporation, or personal service

required short period. However, there is

about the status of the application by

corporation wants to adopt, change, or

an exception for corporations requesting

writing to: Control Clerk, CC:IT&A,

retain a tax year by establishing a

to change to a 52–53 week tax year that

Internal Revenue Service, Room 5517,

business purpose but cannot qualify for

involves a short period of (a) 359 days or

1111 Constitution Ave., NW,

the expeditious approval rules, refer to

more, or (b) 6 days or less.

Washington, DC 20224.

Rev. Rul. 87-57, 1987-2 C.B. 117. The

ruling discusses various facts and

Section C—S Corporations

Signature

circumstances in which the taxpayer

An S corporation must have a permitted

may or may not establish a business

Form 1128 must be signed by the

tax year unless it has elected under

purpose for using a tax year.

applicant as discussed below. A valid

section 444 to have a tax year other

signature by the individual or an officer

Section 444 election.—If approval is

than the required tax year. A “permitted

of the organization is required on Form

requested to use a particular tax year

tax year” is:

1128. If the form does not have a valid

based on a business purpose, a

1. A tax year that ends on December

signature, it will not be considered.

partnership, S corporation, or personal

31, or

service corporation, if otherwise

Individuals.—If this application is for a

2. Any other tax year if the corporation

qualified, may file a back-up section 444

husband and wife, enter both names on

can establish a business purpose to the

election. If the business purpose request

the line, “Applicant’s name.” Both

satisfaction of the IRS.

is later denied, the partnership,

husband and wife must sign the

S corporation, or personal service

For purposes of 2, any deferral of

application on the line, “Applicant’s

corporation, if otherwise qualified, will be

income to shareholders will not be

signature.”

treated as a business purpose. For more

required to activate the back-up section

Partnerships.—Show the partnership

444 election. The election is made on

information, see Rev. Proc. 87-32 and

name, followed by the signature of one

Form 8716. See Temporary Regulations

Rev. Rul. 87-57.

of the partners and the phrase “Member

section 1.444-3T for additional

If any shareholder is applying for a

of partnership.”

information.

corresponding change in tax year, that

Estates.—Show the name of the

shareholder must file a separate Form

estate and the signature and title of the

Section A—General Information

1128 to get advance approval to change

fiduciary or other person legally

All applicants must complete Section A

its tax year.

authorized to sign.

to request a ruling on an adoption,

Tax-Exempt Organizations.—Show

Section D—Partnerships

change, or retention of a tax year.

the name of the organization and the

Line 1b.—A subsidiary that is required

A partnership must obtain advance

signature of a principal officer or other

approval from the IRS to adopt, change,

to change its tax year in order to adopt

person authorized to sign, followed by

the common parent’s annual tax year for

or retain a tax year unless it is not

his or her title.

the first consolidated return year for

required to file Form 1128, or it meets

All Other Applicants.—The

one of the expeditious approval rules

which the subsidiary’s income is

application must show the name of the

includible in the consolidated return

discussed in Part II on page 2. See Who

company and the signature of the

under Regulations section 1.1502-76(a)

Does Not File on page 1.

president, vice president, treasurer,

is not considered to have made a

Partners must also get separate

assistant treasurer, or chief accounting

change in tax year in the last 6 years.

advance approval to change their tax

officer (such as tax officer) authorized to

Line 7.—If the applicant is requesting a

years.

sign, and their official title. Receivers,

ruling based on its natural business year

Line 1.—Enter the first date a business

trustees, or assignees must sign any

discussed in Rev. Proc. 87-32 (for

transaction resulted in a tax

application they are required to file. For

partnerships, S corporations, or personal

consequence, such as receiving income

a subsidiary corporation filing a

service corporations) or in Rev. Proc.

or incurring an expense.

consolidated return with its common

74-33, 1974-2 C.B. 489 (for all other

parent, the form should be signed by an

Section E—Controlled Foreign

applicants), attach to Form 1128 a

authorized officer of the common parent

statement that sets forth the gross

Corporations

corporation. For a controlled foreign

receipts referred to in section 4 of Rev.

corporation, the form must be signed by

A controlled foreign corporation must

Proc. 87-32 or the gross receipts and

the controlling U.S. shareholder(s).

obtain advance approval from the IRS to

inventory costs referred to in section 4

change a tax year unless it is not

Preparer Other Than Applicant.—

of Rev. Proc. 74-33.

required to file Form 1128. See Who

Note: The individual preparing the

Does Not File on page 1.

application must also sign it.

Section B—Corporations (other

than S corporations and controlled

The preparer cannot sign on behalf of

Where To File

the applicant. Unless you are

foreign corporations)

If the applicant is filing for a ruling by

self-employed, show the name of the

Corporations must complete Section B

completing Part III, file Form 1128 and

firm that employs you. If you file on an

and any other section that applies to

the appropriate user fee with the

applicant’s behalf, include a power of

that particular entity. For example, a

National Office. Mail Form 1128 to the

attorney. Show any specific acts the

passive foreign investment company

Associate Chief Counsel (Domestic), or

power of attorney grants, such as

completes Section B and attaches the

the Associate Chief Counsel (Employee

representation before the IRS.

Page 4

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Instructions For Form 1128 - Application To Adopt, Change, Or Retain A Tax Year - 1996 Page 4

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