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Questions and Answers
Under what circumstances would a partnership file Form 8716 instead of Form 1128 to change its tax year?
Under what circumstances would a partnership file Form 8716 instead of Form 1128 to change its tax year?
What type of corporation can file Form 8716 to request a change in its tax year?
What type of corporation can file Form 8716 to request a change in its tax year?
A partnership currently operates on a calendar year. A corporation acquires over 50% ownership and has a fiscal year ending June 30. Can the partnership change to a June 30 year end without filing Form 8716?
A partnership currently operates on a calendar year. A corporation acquires over 50% ownership and has a fiscal year ending June 30. Can the partnership change to a June 30 year end without filing Form 8716?
When can a short tax year occur?
When can a short tax year occur?
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What is the name of the election that allows a partnership, S corporation, or PSC to change its tax year to a year end that is not a required year end?
What is the name of the election that allows a partnership, S corporation, or PSC to change its tax year to a year end that is not a required year end?
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A taxpayer who does not keep books, has no annual accounting period, or has an annual accounting period other than a calendar year that does not qualify as fiscal year is required to adopt which tax year?
A taxpayer who does not keep books, has no annual accounting period, or has an annual accounting period other than a calendar year that does not qualify as fiscal year is required to adopt which tax year?
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Which of the following is NOT a requirement for a fiscal year to be recognized?
Which of the following is NOT a requirement for a fiscal year to be recognized?
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A taxpayer who changes their annual accounting period from a fiscal year to a calendar year is required to file a return for:
A taxpayer who changes their annual accounting period from a fiscal year to a calendar year is required to file a return for:
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What is the primary factor the IRS considers when granting permission to change tax years?
What is the primary factor the IRS considers when granting permission to change tax years?
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Which government form is typically used to request a change in tax years?
Which government form is typically used to request a change in tax years?
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A short tax year can occur if a taxpayer:
A short tax year can occur if a taxpayer:
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Which of the following is NOT a valid ending date for a 52- or 53-week tax year?
Which of the following is NOT a valid ending date for a 52- or 53-week tax year?
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What is the key difference between a calendar year and a fiscal year?
What is the key difference between a calendar year and a fiscal year?
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Study Notes
Tax Years
- Taxpayers adopt a tax year when their first income tax return is filed.
- A tax year is the annual accounting period used to record income (calendar or fiscal year), or the return period if less than 12 months.
- Calendar year: 12 months ending December 31.
- Fiscal year: 12 months ending on the last day of any month except December, or a 52- or 53-week period.
- A 52- or 53-week fiscal year is valid if it always ends on the same day of the week, either the last day of a calendar month or the closest day to the end of the month.
- Short tax year: a period less than 12 months. Can occur if a business exists only part of the year, or changes its accounting period (e.g., from fiscal to calendar).
Short Tax Year Calculation
- To calculate taxes for a short tax year, annualize the income, calculate taxes on the annualized income, then determine the short tax year's portion of the tax.
Changing Tax Years
- Form 1128 is used to request a change in tax year with the IRS (typically for a substantial business purpose).
- It must be filed by the federal income tax return due date.
- A substantial business purpose is needed, not just to get a favorable tax status.
- Form 8716 is used to request a change in tax year other than a required tax year (Sec. 444 election).
- It can be used without needing permission first.
- Partnerships, S corporations, and personal service corporations use this form.
Example
- A partnership with a calendar year changes to a June 30 year-end after a corporation gains majority ownership and also has a June 30 tax year. Form 8716 would be used.
Important Considerations
- A change in accounting method (e.g., from cash to accrual) does not cause a short tax year.
- Changes in a 52- or 53-week tax year could lead to a short tax year.
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