Unit 2 Flashcards
(66 cards)
52/53 week tax year
Instead of a calendar tax year or a physical tax year that are both 12 consecutive months
This variation does not have a fixed end date
Ranges from 52 to 53 weeks in length
May not always end on the last day of the month
Some businesses opted for a specific day of the week as their fiscal year end, such as the final Friday and June
When would you see a short tax year?
The first or last year of an entities existence
Or when an entity changes its accounting. (from fiscal to calendar or vice versa.)
How does a business adopt or elect a tax year?
When it files its first income tax return
Determining an estate tax year
The taxpayers death marks the end of an individuals final tax year
The following day is the beginning of the first tax year for the decedents estate
The first tax year is any period of 12 months or less that ends on the last day of the month
Can have a short tax year and use December or choose another month and have a fiscal tax year
What form is used to request a change in the tax year?
Form 1128, application to adopt, change, or retain a tax year
The IRS requires the use of the calendar year in the following instances
If the business keeps no books or records
There is no annual accounting period
The internal revenue code or IRS regulations require the use of a calendar year
What is the tax return due date for an estate, formed 1041
The 15th day of the fourth month, following the end of the entities tax year
With an extension of 5 1/2 months after the original due date (on the last day of the month and not the 15th of the month)
Requirement for partnerships and corpse to use a required tax year
The partnership or S corporation tax year must conform to its partners tax years
If one or Moore partner with the same tax year, owns a majority interest in the partnerships capital and profits, the tax year of those partners is the required tax year for the partnership (if owned by a corporation with a fiscal year)
If no majority interest tax year, the partnership must use the tax year if all the principal partners have the same tax year
If no majority interest, and all the principal partners do not have the same tax, the partnership must use the tax year that would result in the least aggregate deferral of income to its partners
Establishing substantial business purpose for an alternate tax year
A business can establish a business purpose for using a fiscal year, and corporation or partnership must generally use the calendar year
Form 1128, application to adopt, change, or retain tax year is used to establish a bona fide business purpose for a tax year
Sometimes called a natural tax year – follows the natural cycle of the business itself with a fiscal year in which the last two months of the year provide over 25% of gross receipts for the entire year
PSC
Personal service corporation
Section 444 election - what is it, requirements to make election
A partnership, corporation, or personal service corporation can request to use a tax year other than it’s required tax year by filing form 8716, election to have a tax year other than a required tax year
A business can request a section 44 for election if it meets all of the following requirements
- It is not a member of a tiered structure.
- It has not previously had a section 444 election in effect.
- It Alexa that meets the deferral period requirement.
Also must generally make certain required payments based upon the value of the tax deferral, the owners received by using a tax year different from the required tax year
Section 444 – deferral period
Deferral period is the number of months between the beginning of the retained year and the end of the first required tax year
If the election is to retain its tax year, it may only do so if the deferral period is three months or less
If requesting an adoption or a change to a tax year, the deferral period is the number of months from the end of the new tax year to the end of the required tax year
The IRS will allow a section 444 election only if the deferral period is less than the shorter of
- Three months or.
- The deferral period of the tax year being changed.
Section 444 election remains in effect until
It is terminated
If the election is terminated, another section 444 election cannot be made for the same tax year
It also ends automatically when any of the following occurs :
- The entity changes to its required tax year.
- The entity liquidates.
- The entity becomes a member of a tiered structure.
- The IRS determines that the entity willfully failed to comply with the required payments or distributions.
- The entity is an corporation, and the election is terminated.
Tax return due date of partnership and S corporations
Due on the 15th day of the third month, following the end of the year
For a calendar year partnership and corporations are due March 15
C corporation tax return due date
Due on the 15th day of the fourth month, following the end of the tax year
For a calendar year – tax return due on April 15 of the following year
Tax return filing requirement if a business ceases operations before the end of their year
Would be the 15th day of the third or fourth month, following the close of its short tax year
If a sea corporation dissolves on July 22, 2023 - the final return is due by November 15, 2023
Nonprofit entities filing due date
Returns are due on the 15th day of the fifth month following the end of their tax year
If using a calendar year, that would be May 15
Extended due date November 15 or six months
Sole proprietorship filing deadline
April 15 – extended due date, October 15
Partnerships, filing due date
15th day of the third month equals March 15
Extended due date September 15, six months
C corporations, filing due date
15th day of the fourth month equals April 15
Extended due date October 15 or six months
Unless the fiscal year ends June 30 – resulting and only three months, not four months with a due date of September 15, and extended due date of April 15 (7 months)
As corporation filing due date
15th day of the third month following the tax year
If a calendar year equals March 15
Extended due date of September 15 or six months
Form 1041 or trust and fiduciary returns filing due date
15th day of the fourth month equals April 15 on a calendar year
Extended due date September 30, only 5 1/2 months
FBAR filing due date
April 15 with an extended due date of October 15
The extension is automatic without the need to request
Retirement plans, form 5500 – filing requirement
July 31, extended due date of October 15