Startup - Tax Year
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Learning Objectives (What You Asked)YOUR QUESTION(S) What year-end is best for my business and what year ends will the IRS allow? How does one adopt the year end? Can one change the year end?
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Plain English Analysis What it does, Why it works - The Answer, Alternatives
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YOUR ANSWERS What it does, Explanation of this topic and how it may affect you: The choice of your business year determines when you close your books, take inventories, file income tax returns, and other less major year end routines. Some businesses with inventory choose the time of year at which the inventory levels are at the minimum levels for the year. The "default" tax year is the calendar year, and individual taxpayers usually adopt a calendar year both for convenience and because they ordinarily do not qualify to file on an alternative basis. Partnerships, S corporations, and personal service corporations are subject to a required tax year, a term used to refer to statutorily restricted selection of a tax year. The restrictions apply unless
C corporations that are not personal service corporations have the greatest flexibility in choice of a tax year, and typically adopt a fiscal year. Partnerships, S corporations, and personal service corporations are subject to a required tax year, a term used in Code Section 444(e) to refer to statutorily restricted selection of a tax year. The Code Section 444(e) required tax year incorporates the limitations set out in Code Section 706(b) (partnerships), Code Section 1378 (S corporations), and Code Section 441(i) (corporations). The restrictions apply unless
The primary purpose of the required tax year is to prevent undue deferral of tax that might otherwise occur by the selection of a tax year for an entity that is either pass-through (as in a partnership or S corporation) or is closely controlled by its owner (as in a personal service corporation).
How does one adopt the year end? One adopts a tax year when the first income tax return is filed, or a request for an extension of time to file is made. The adoption must be made by the time for filing the tax return or the extension of the tax return for the chosen year end. CHANGE IN TAX YEAR? Perhaps - there are restrictions on fiscal years, and you must request IRS permission. IRS must give approval to change a tax year. File a current Form 1128 by the 15th day of the 2nd calendar month after the close of the short tax year to get IRS approval.
Required Year End & Restrictions ("Required Taxable Year") A Partnership, S Corporation, LLC or Personal Service Corporation must use a "Required Taxable Year". The "Required Taxable Year" has a different meaning for each of the entities. PARTNERSHIPS (and LLC) There is an Excel Spreadsheet to assist with this entity and permitted year end - Partnership Required Year End A partnership must conform its tax year to its partners' tax years unless the partnership can establish a business purpose for a different period or it makes a section 444 election. The rules for partnerships are as follows:
If a partnership changes to a required tax year because of these rules, the change is considered to be initiated by the partnership with IRS approval. NO formal application for a change in tax year is needed. The partner's tax year that results in the lowest aggregate (total) number is the tax year that must be used by the partnership. If more than one year qualifies as the tax year that has the least aggregate deferral of income, the partnership can choose any year that qualifies. However, if one of the tax years that qualifies is already the partnership's existing year, the partnership must retain that tax year. Majority Interest Rule The majority interest rule is simple: if there are partners with the same tax year who together hold a majority interest in the partnership (profits and capital), the partnership must use the same tax year as that of the partners in this majority group. Follow these steps:
Principal Partners Rule
LEAST AGGREGATE DEFERRAL OF INCOME RULE The tax year that results in the least aggregate deferral of income is
determined as
There is a spreadsheet to assist with this: Partnership Required Year End If more than one year qualifies as the tax year that has the least aggregate deferral of income, the partnership can choose any year that qualifies. However, if one of the tax years that qualifies is already the partnership's existing year, the partnership must retain that tax year.
S Corporation and C Corporations Personal Service Corporation A personal service corporation must use a calendar taxable year, unless the corporation can establish, to the satisfaction of the IRS, a business reason for using a different year. Generally, only corporations with clearly seasonal businesses will qualify. For purposes of this provision, "personal service corporation" is defined broadly, so that the definition generally will include most professional corporations. Any other S Corporation Generally the law requires the S Corporation to use the calendar year. Permission can be granted for other "Permitted Years". There must be a valid business purpose for the fiscal year to be granted by the IRS. If the S Corporation has losses than can be passed through, then the calendar may be the better choice. All Entities - Business Purpose Exceptions There are two exceptions to the required tax year imposed on partnerships, S corporations, and personal service corporations. <12> The business purpose exception is described next, in Section 510.2(b)(1), and the Code Section 444 fiscal year election exception follows, in Section 510.2(b)(2). The business purpose exception is more advantageous for most taxpayers than the fiscal year election, because the election exception is laden with Code Section 7519 conditions that are not applicable to use of a tax year justified by a business purpose. Business purpose exception A partnership, S corporation, or personal service corporation is allowed to select a tax year other than the required tax year if it demonstrates a business purpose for the proposed tax year. A business purpose may be established by one of two methods: (1) a facts and circumstances test or (2) a computational safe harbor established in Rev. Proc. 87-32, 1987-2 C.B. 396. The safe harbor approach allows the taxpayer to adopt the proposed tax year without IRS approval. Approval is required if the taxpayer is forced to rely on the facts and circumstances test. THE COMPUTATIONAL SAFE HARBORS. The quick and easy way for a partnership, S corporation, or personal service corporation to qualify a proposed tax year that deviates from the required tax year is to establish that it falls within one of the computational safe harbors of Rev. Proc. 87-32, 1987-2 C.B. 396. Applicable to all three entities is the natural business year test. If the proposed tax year qualifies as the taxpayer's natural business year, and is either the year currently in use or would result in less income deferral that the year currently in use, then the taxpayer may use it without prior approval of the IRS. Whether a year is the taxpayer's natural business year depends on the results of a 25-percent test in three consecutive twelve-month periods ending with the last month of the requested year before the filing of the request to adopt the year. An alternative safe harbor, available to an S corporation or a corporation electing to be an S corporation but not to a partnership or personal service corporation is the ownership tax year test. This safe harbor is met if the corporation is adopting, retaining, or changing to a tax year and shareholders holding more than half of its issued and outstanding shares of stock (as of the first day of the tax year to which the request relates) have, or are concurrently changing to, the same tax year. If a shareholder and the S corporation plan to change tax years concurrently, the shareholder is subject to rules generally applicable to taxpayers changing their tax years, Reg. Section 1.442-1(b)(1). If, as of the first day of any tax year, the S corporation no longer meets the ownership tax year test, it must change its tax year to a permitted year. A partnership, an S corporation, a corporation electing to be an S corporation, or a personal service corporation that meets the natural business year test or the ownership tax year test is deemed to have IRS approval for deviation from the required tax year if the taxpayer complies with the five conditions of section 4 of Rev. Proc. 87-32: (1) The taxpayer must file a federal income tax return for the short period required to effect the change or adoption or for the retained tax year (whichever is applicable) by the due date of the return, including extensions. (2) If a short period is required to effect the change, that period begins with the day following the close of the old tax year and ends with the day preceding the first day of the new tax year. (3) The books of the taxpayer must be closed as of the last day of the short period in the case of a change or adoption that establishes a new tax year. Returns for subsequent years generally must be made on the basis of a full tax year. (4) The taxpayer's books and records (including financial reports and statements for credit purposes) must be kept on the basis of the retained or new tax year. (5) In the case of a personal service corporation, taxable income must be annualized and the tax computed in accordance with the provisions of Code Section 443(b) and Reg. Section 1.443-1(b). To assist the IRS in processing the retention or change in tax year, for which a Form 1128 must be filed, taxpayers should either type or print at the top of the first page of Form 1128: "Filed Under Rev. Proc. 87-32." A taxpayer that has requested permission to use a tax year that has a business purpose does NOT have to wait for the request to be rejected before applying for a Section 444 election. If a taxpayer has requested, or plans to request, permission to use a tax year that has a business purpose, he/she can file a section 444 election (if otherwise qualified) as a backup to his/her request for a business year. If the taxpayer is denied the request for a business purpose tax year, he/she must then activate his/her BACK-UP section 444 election.
Permitted Alternate Year Ends A partnership, S corporation, or personal service corporation can elect under SECTION 444 to use a tax year different from its required tax year if all of the following requirements are met:
An alternative safe harbor, available to an S corporation or a corporation electing to be an S corporation but not to a partnership or personal service corporation is the ownership tax year test. This safe harbor is met if the corporation is adopting, retaining, or changing to a tax year and shareholders holding more than half of its issued and outstanding shares of stock (as of the first day of the tax year to which the request relates) have, or are concurrently changing to, the same tax year. If a shareholder and the S corporation plan to change tax years concurrently, the shareholder is subject to rules generally applicable to taxpayers changing their tax years, Reg. Section 1.442-1(b)(1). If, as of the first day of any tax year, the S corporation no longer meets the ownership tax year test, it must change its tax year to a permitted year. A partnership, an S corporation, a corporation electing to be an S corporation, or a personal service corporation that meets the natural business year test or the ownership tax year test is deemed to have IRS approval for deviation from the required tax year if the taxpayer complies with the five conditions of section 4 of Rev. Proc. 87-32:
To assist the IRS in processing the retention or change in tax year, for which a Form 1128 must be filed, taxpayers should either type or print at the top of the first page of Form 1128: "Filed Under Rev. Proc. 87-32." DEFERRAL PERIOD: The Code restricts the deferral period to:
MAKING THE ELECTION (§444): The election is made by filing Form 8716 with the IRS Center where the return would normally be filed. Form 8716 must be filed by the earlier of:
Start of Plain English Section Why or How it works - Both Sides of the Equation and Examples: To adopt a calendar tax year, you must maintain your books and records and report your income and expenses from January 1 through December 31 of each year. The calendar year is the most often used year. However, in most circumstances you may use any month end that meets the requirements of your business. There are however restrictions on the use of fiscal years. Start of Plain English Section Start of Plain English Section Start of Plain English Section Other Start of Plain English Section Reserved
Start of Plain English Section
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Technical Analysis & Citations What It does, Why it works -
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CommentaryRequired Taxable Year Partnerships There are three basic methods to determine the partnership's Code Section 706(b) required tax year:
These rules are applied in order; the statutory preference is to use the majority interest rule if possible, then the principal partners rule, and only if both are not appropriate the least aggregate deferral rule. Majority Interest Rule - Code Section 706(b)(1)(B)(i) ; Code Section 706(b)(4). The majority interest rule is simple: if there are partners with the same tax year who together hold a majority interest in the partnership (profits and capital), the partnership must use the same tax year as that of the partners in this majority group. Principal Partners Rule
S Corporation Personal Service Corporations (S or C) Code Section 441(i) provides that a personal service corporation must use a calendar taxable year, unless the corporation can establish, to the satisfaction of the IRS, a business reason for using a different year. The IRS has promulgated rules and examples governing when a business reason for a non-calendar year will be deemed to exist. Generally, only corporations with clearly seasonal businesses will qualify. See Rev. Proc. 87-32, 1987-2 C.B. 396; Rev. Rul. 87-57, 1987-2 C.B. 117. For purposes of this provision, "personal service corporation" is defined broadly, so that the definition generally will include most professional corporations. Any Other S Corporation Generally the S Corporation must use the calendar year end. There are exceptions and special provisions. Any other accounting period (i.e., a fiscal year) may be elected only if the corporation establishes to the satisfaction of the IRS a bona fide business purpose for using such a year. Code Section 1378(b)(2). These years are referred to as "permitted years" in Code Section 1378, but for Code Section 444 purposes, the tax year determined under Code Section 1378 is referred to as the corporation's "required taxable year." Deferral of income to shareholders, which was often a reason that S corporations elected a fiscal year in the past, is not treated as a business purpose. If the S corporation could elect a taxable year that would end shortly after the end of the shareholders' taxable years, shareholders could defer reporting S corporation income for almost a full year. If the S Corporation has losses than can be passed through, then the calendar may be the better choice.
Start of Revenue Procedures Section Start of Private Letter Rulings
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Tax KillersThis is about Activity Based Taxplanning - maximizing deductions, minimizing cash outlay and maximizing the amount of cash retained and the net worth. Activity Based Taxplanning (ABT) is a methodology developed by Bob Parrish CPA, that assists people with the tax issues by focusing on the activity (or actions - events) that are being undertaken or contemplated (or have already taken place). The, research is compiled from the myriad of sources to help you complete the activity with the least tax cost, while maintaining compliance the tax laws, other laws and regulations and place yourself in a position to protect your objectives. Tax is a subject that many view in order to cut costs. Taxes are a cost just as any other cost. It happens this cost is somewhat intangible and is defined by legislation without a tangible item to view and control. The money is spent and the control of the expenditure is more appropriately administered by someone trained in the law.
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Cost Killers Management Info Sys, Cost Acctg, Activity Based Costing)This is about Activity Based Costing - methods to cut costs, management accounting, management information systems, decision support systems - in general about being a manager.
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Preparing for your CPA, attorney, or preparing to start your own What to gather -
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From Your Other Business, or Financial Records From Corporation Records or Organization Records (meetings, etc.) Start of Preparing For You CPA Section
Forms - checklists, time-line to do, etc. Assistance - What To Do -
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Financial Accounting: Bookkeeping & Financials
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Financial Statement Presentation Back to Start of Financial Accounting: Bookkeeping & Financials Back to Start of Financial Accounting: Bookkeeping & Financials Back to Start of Financial Accounting: Bookkeeping & Financials Back to Start of Financial Accounting: Bookkeeping & Financials Bookkeeping Methods - Cash, Accrual and Other Back to Start of Financial Accounting: Bookkeeping & Financials How the Business Entity Affects the Recording
Compliance - what is required for protection, defense, etc.Compliance Checklist Back to Start of What is required for protection, defense, etc.
Alerts & Dangers - Risks, Asset Protection, IRS DefenseClick on the title to expand or collapse the topics
Back to Start of Alerts & Dangers Back to Start of Alerts & Dangers Back to Start of Alerts & Dangers Back to Start of Alerts & Dangers
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Spreadsheets & ComputationsPartnership Required Year End
Spreadsheet #1 Back to Start of Spreadsheets & Math
Contracts, Trusts, etc.Agreement #1 Back to Start of Contracts, Trusts, etc.
Reports RequiredReport #1 Back to Start of Reports Required
Checklists for DeploymentChecklist #1 Back to Start of Checklists - Deployment
Checklist for MonitoringChecklist #1 Back to Start of Checklist - Monitoring
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