Corporations
A new corporation establishes its tax year when it files its first
tax return. A newly reactivated corporation that has been inactive for
a number of years is treated as a new taxpayer for the purpose of
adopting a tax year. An S corporation or a personal service
corporation must use the required tax year rules, discussed earlier,
to establish a tax year.
Change in Tax Year
A corporation can change its tax year under section
1.442-1(c) of the regulations without getting IRS approval if
all the following conditions are met.
- It must not have changed its tax year within the 10 calendar
years ending with the calendar year in which the short tax year
resulting from the change begins.
- Its short tax year must not be a tax year in which it has a
net operating loss.
- Its taxable income for the short tax year, if figured on an
annual basis (annualized), is 80% or more of its taxable income for
the tax year before the short tax year.
- If a corporation is one of the following for either
the short tax year or the tax year before the short tax year, it
must have the same status for both the short tax year and
the prior tax year.
- Personal holding company.
- Exempt organization.
- Foreign corporation not engaged in a trade or business
within the United States.
- It must not apply to become an S corporation for the tax
year that would immediately follow the short tax year required to
effect the change.
Statement.
The corporation must file a statement with the IRS office where it
files its tax return. The statement must be filed by the due date
(including extensions) for the short tax year required by the change.
It must indicate the corporation is changing its annual accounting
period under section 1.442-1(c) of the regulations and show that
all the preceding conditions have been met. If, on examination, the
corporation does not meet all the conditions because of later
adjustments in establishing tax liability, the statement will still be
considered a timely application to change the corporation's annual
accounting period to the tax year indicated in the statement.
Automatic approval.
Certain C corporations can automatically change their tax year. The
corporation must, however, meet all the following criteria.
- It cannot meet the five conditions listed earlier under
Change in Tax Year.
- It has not changed its annual accounting period within 6
calendar years (or in any of the calendar years of existence, if less
than 6 years) ending with the calendar year that includes the
beginning of the short period required to effect the tax year change.
For a list of changes not considered a change in accounting
period, see Revenue Procedure 2000-11 in Internal Revenue
Bulletin 2000-3.
- It is not any of the following:
- A member of a partnership. See Caution
later.
- A beneficiary of a trust or an estate. See Caution
later.
- An S corporation (and does not attempt to make an S
corporation election for the tax year immediately following the short
period unless changing to a permitted tax year).
- A personal service corporation.
- An interest-charge domestic international sales corporation
(DISC) or foreign sales corporation (FSC) or a shareholder in either.
See Caution later.
- A controlled foreign corporation or foreign personal holding
company, or a minority shareholder in either. See Caution
later.
- A tax-exempt organization, except those exempt under section
521, 526, 527, or 528.
- Certain passive foreign investment companies (PFICs) and
their shareholders making an election under section 1295.
- A cooperative association with a loss in the short period
required to effect the tax year change unless more than 90% of the
patrons of the association are the same in the year before, of and
after the change.
- A corporation with a section 936 election in effect.
For exceptions to 3 a, b, e, and f, see Revenue Procedure
2000-11.
Corporations that qualify and want to change their tax year using
this automatic procedure must also comply with the following
conditions.
- The short period required to effect the tax year change must
begin with the day following the close of the previous tax year and
must end with the day preceding the first day of the new tax
year.
- The corporation must file a tax return for the short period
by the due date, including extensions.
- The books of the corporation must be closed as of the last
day of the new tax year. Returns for later years must be made on the
basis of a full 12 months (or 52-53 weeks) ending on the last day of
the new tax year. The corporation must figure its income and keep its
books and records, including financial reports and statements for
credit purposes, on the basis of the new tax year.
- Taxable income of the corporation for the short period must
be figured on an annual basis (except for a real estate investment
trust or a regulated investment company) and the tax must be figured
as shown under Figuring Tax for Short Year, earlier.
- If the corporation has a net operating loss (NOL) in the
short period required to effect the change, the NOL generally cannot
be carried back. However, a short period NOL can be carried back or
forward if it:
- Is $50,000 or less.
- Results from a short period of 9 or more months and is less
than the NOL for a full 12-month period beginning with the first day
of the short period.
- If there is any unused credit for the short period, the
corporation must carry the unused credit(s) forward. Unused credit(s)
cannot be carried back.
See Revenue Procedure 2000-11 for more information.
Form 1128.
To make this change, a corporation must file Form 1128 with the
director of the Internal Revenue Service Center where it files its
income tax return. It should mark the envelope Attention: ENTITY
CONTROL. The form must be filed by the due date (including
extensions) of the short period return required for the change. It
should type or print FILED UNDER REV. PROC. 2000-11 at
the top of Form 1128. If the request is denied, the service center
will return Form 1128 with an explanation of the denial.
The request will be denied if Form 1128 is not filed on time or if
the corporation fails to meet the requirements listed earlier. If a
corporation changes its tax year without first meeting all the
conditions, the tax year is considered changed without IRS approval.
Accounting Methods
An accounting method is a set of rules used to determine when and
how income and expenses are reported. Your accounting method includes
not only your overall method of accounting, but also the accounting
treatment you use for any material item.
You choose an accounting method when you file your first tax
return. If you later want to change your accounting method, you must
get IRS approval. See Change in Accounting Method, later.
No single accounting method is required of all taxpayers. You must
use a system that clearly shows your income and expenses and you must
maintain records that will enable you to file a correct return. In
addition to your permanent books of account, you must keep any other
records necessary to support the entries on your books and tax
returns.
You must use the same accounting method from year to year. An
accounting method clearly shows income only if all items of gross
income and expenses are treated the same from year to year.
If you do not regularly use an accounting method that clearly shows
your income, your income will be figured under the method that, in the
opinion of the IRS, does.
Methods you can use.
Subject to the preceding rules, you can compute your taxable income
under any of the following accounting methods.
- Cash method.
- Accrual method.
- Special methods of accounting for certain items of income
and expenses.
- Combination (hybrid) method using elements of two or more of
the above.
The cash and accrual methods of accounting are explained later.
Special methods.
This publication does not discuss special methods of accounting for
certain items of income or expenses. For information on reporting
income using one of the long-term contract methods, see section 460
and its regulations. Publication 535, Business Expenses,
discusses methods for deducting amortization and depletion. The
following publications also discuss special methods of reporting
income or expenses.
- Publication 225, Farmer's Tax Guide.
- Publication 537, Installment Sales.
- Publication 946, How To Depreciate Property.
Combination (hybrid) method.
Generally, you can use any combination of cash, accrual, and
special methods of accounting if the combination clearly shows income
and you use it consistently. However, the following restrictions
apply.
- If an inventory is necessary to account for your income, you
must use an accrual method for purchases and sales. See, however,
Cash Method of Accounting for Qualifying Taxpayers, later.
You can use the cash method for all other items of income and
expenses. See Inventories, later.
- If you use the cash method for figuring your income, you
must use the cash method for reporting your expenses.
- If you use an accrual method for reporting your expenses,
you must use an accrual method for figuring your income.
- Any combination that includes the cash method is treated as
the cash method.
Business and personal items.
You can account for business and personal items using different
accounting methods. For example, you can figure your business income
under an accrual method, even if you use the cash method to figure
personal items.
Two or more businesses.
If you operate two or more separate and distinct businesses, you
can use a different accounting method for each. No business is
separate and distinct, however, unless a complete and separate set of
books and records is maintained for the business.
If you use different accounting methods to create or shift profits
or losses between businesses (for example, through inventory
adjustments, sales, purchases, or expenses) so that income is not
clearly reflected, the businesses will not be considered separate and
distinct.
Cash Method
Most individuals and many small businesses use the cash method of
accounting. Generally, however, if you produce, purchase, or sell
merchandise, you must keep an inventory and use an accrual method for
sales and purchases of merchandise. See Cash Method of Accounting
for Qualifying Taxpayers, later, for an exception to this rule.
Income
Under the cash method, you include in your gross income all items
of income you actually or constructively receive during the tax year.
If you receive property and services, you must include their fair
market value in income.
Constructive receipt.
Income is constructively received when an amount is credited to
your account or made available to you without restriction. You need
not have possession of it. If you authorize someone to be your agent
and receive income for you, you are considered to have received it
when your agent receives it. Income is not constructively received if
your control of its receipt is subject to substantial restrictions or
limitations.
Example 1.
Interest is credited to your bank account in December 2001, but you
do not withdraw it or enter it into your passbook until 2002. You must
include the amount in gross income for 2001, not 2002.
Example 2.
You have interest coupons that mature and become payable in 2001,
but you do not cash them until 2002. You must include the interest in
gross income for 2001, the year of constructive receipt. You must
include the interest in your 2001 income, even if you later exchange
the coupons for other property, instead of cashing them.
Delaying receipt of income.
You cannot hold checks or postpone taking possession of similar
property from one tax year to another to avoid paying tax on the
income. You must report the income in the year the property is
received or made available to you without restriction.
Expenses
Under the cash method, you generally deduct expenses in the tax
year in which you actually pay them. This includes business expenses
for which you contest liability. However, you may not be able to
deduct an expense paid in advance or you may be required to capitalize
certain costs, as explained later under Uniform Capitalization
Rules.
Expense paid in advance.
An expense you pay in advance can be deducted only in the year to
which it applies.
Example.
You are a calendar year taxpayer and you pay $1,000 in 2001 for a
business insurance policy that is effective for one year, beginning
July 1st. You can deduct $500 in 2001 and $500 in 2002.
Excluded Entities
The following entities cannot use the cash method, including any
combination of methods that includes the cash method.
- A corporation (other than an S corporation) with average
annual gross receipts exceeding $5 million.
- A partnership with a corporation (other than an S
corporation) as a partner, and with the partnership having average
annual gross receipts exceeding $5 million.
- A tax shelter.
Exceptions
The following entities can use the cash method of accounting.
- A family farming corporation with gross receipts of $25
million or less for each prior tax year beginning after 1985.
- A qualified personal service corporation.
See Publication 225 for more information on family farming
corporations.
Gross receipts test.
Any corporation or partnership, other than a tax shelter, that
meets the gross receipts test for all tax years after 1985 can use the
cash method. A corporation or a partnership meets the test if its
average annual gross receipts are $5 million or less for the 3 tax
years ending with the prior tax year (or the period of existence, if
shorter). Generally, a partnership applies the test at the partnership
level. Gross receipts for a short tax year are annualized.
Aggregation rules.
Organizations that are members of an affiliated service group or a
controlled group of corporations treated as a single employer for tax
purposes are required to aggregate their gross receipts to determine
whether the gross receipts test is met.
Qualified personal service corporation.
A personal service corporation that meets the following function
and ownership tests can use the cash method.
Function test.
A corporation meets the function test if at least 95% of its
activities are in the performance of services in the fields of health,
veterinary services, law, engineering (including surveying and
mapping), architecture, accounting, actuarial science, performing
arts, or consulting.
Ownership test.
A corporation meets the ownership test if at least 95% of its stock
is owned, directly or indirectly, at all times during the year by one
of the following.
- Employees performing services for the corporation in a field
qualifying under the function test.
- Retired employees who had performed services in those
fields.
- The estate of an employee described in (1) or
(2).
- Any other person who acquired the stock by reason of the
death of an employee referred to in (1) or (2),
but only for the 2-year period beginning on the date of death.
Indirect ownership is generally taken into account if the stock is
owned indirectly through one or more partnerships, S corporations, or
qualified personal service corporations. Stock owned by one of these
entities is considered owned by the entity's owners in proportion to
their ownership interest in that entity. Other forms of indirect stock
ownership, such as stock owned by family members, are generally not
considered when determining if the ownership test is met.
For purposes of the ownership test, a person is not considered an
employee of a corporation unless that person performs more than
minimal services for the corporation.
Change to accrual method.
A corporation that fails to meet the function test for any tax year
or fails to meet the ownership test at any time during any tax year
must change to an accrual method of accounting, effective for the year
in which the corporation fails to meet either test. A corporation that
fails to meet the function test or the ownership test is not treated
as a qualified personal service corporation for any part of that tax
year.
Cash Method of Accounting for Qualifying Taxpayers
Generally, if you produce, purchase, or sell merchandise in your
business, you must keep an inventory and use the accrual method for
purchases and sales of merchandise. For tax years ending on or after
December 17, 1999, qualifying taxpayers can use the cash method of
accounting, even if they produce, purchase, or sell merchandise.
Qualifying taxpayers can also choose to not keep an inventory, even if
they do not change to the cash method.
Qualifying taxpayers.
You are a qualifying taxpayer only if you meet the gross receipts
test for each tax year ending after December 16, 1998. To qualify,
your average annual gross receipts must be $1,000,000 or less for the
3 tax years ending with the prior tax year. For example, you must test
1998 and 1999 to see if you qualify to use the cash method and not
keep an inventory for 2000. You qualify if your average annual gross
receipts for 1996, 1997, and 1998 are $1,000,000 or less (1998 test)
and your average annual gross receipts for 1997, 1998, and 1999 are
$1,000,000 or less (1999 test). A tax shelter cannot be a qualifying
taxpayer.
If you did not own your business for all of the 3-tax-year period,
include the period of any predecessor. If your business has not been
in existence for 3 tax years, base your average on the period it has
existed including any short tax years, annualizing the short tax
year's gross receipts.
Not keeping an inventory.
If you choose to not keep an inventory, you will deduct the cost of
the items you would otherwise include in inventory in the year you
sell the items, or the year you pay for them, whichever is later. If
you are a producer, you can use any reasonable method to estimate the
raw material in your work in process and finished goods on hand at the
end of the year to determine the raw material used to produce finished
goods that were sold during the year.
Changing methods.
If you qualify and want to change to the cash method, you must
file Form 3115, Application for Change in Accounting Method.
You must follow the provisions in Revenue Procedure 99-49 in
Cumulative Bulletin 1999-2, as modified by Revenue Procedure
2001-10, for an automatic change in accounting method. Those
provisions also apply if you no longer want to keep inventories. You
may file one Form 3115 if you choose to make both changes.
More information.
For more information, see Revenue Procedure 2001-10 in
Internal Revenue Bulletin 2001-2.
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