SECTION 13. PARTNERSHIP AND S CORPORATION ISSUES

Statute or Regulation Act Postponed

1. Treas. Reg. §§ 1.442–1(b)(1) and A partnership (3) and 1.706–1(b)(8) retain an

2. Treas. Reg. §§ 1.442–1(b)(1) and A partnership may obtain approval of the Commissioner to adopt, change or (3) and 1.706–1(b)(8) retain an annual accounting periods by filing Form 1128, Application to Adopt,

Change, or Retain a Tax Year, with such time as provided in administrative procedures published by the Commissioner. 2. Treas. Reg. § 1.743–1(k)(2) A transferee that acquires, by sale or exchange, an interest in a partnership with an election under section 754 in effect for the taxable year of the transfer, must notify the partnership, in writing, within 30 days of the sale or exchange. A transferee that acquires, on the death of a partner, an interest in a partnership with an election under section 754 in effect for the taxable year of the transfer, must notify the partnership, in writing, within one year of the death of the deceased partner. 3. Treas. Reg. § 1.754–1(c)(1) Generally, a partnership may revoke a section 754 election by filing the revocation no later than 30 days after the close of the partnership taxable year with respect to which the revocation is intended to take effect. 4. Treas. Reg. § 1.761–2(b)(3) A partnership may generally elect to be excluded from subchapter K. The election will be effective unless within 90 days after the formation of the organization any member of the organization notifies the Commissioner that the member desires subchapter K to apply to such organization and also advises the Commissioner that he has so notified all other members of the organization. In addition, an application to revoke an election to be excluded from subchapter K must be submitted no later than 30 days after the beginning of the first taxable year to which the revocation is to apply. 5. Treas. Reg. § 1.761–2(c) A partnership requesting permission to be excluded from certain provisions of subchapter K must submit the request to the Commissioner no later than 90 days after the beginning of the first taxable year for which partial exclusion is desired. 6. Sec. 1361(e) In general, the trustee of the electing small business trust (ESBT) must file the ESBT election within the 2-month and 16-day period beginning on the day the stock is transferred to the trust. See Notice 97–12, 1997–1 C.B. 385. 7. Treas. Reg. The current income beneficiary of a qualified subchapter S trust (QSST) must § 1.1361–1(j)(6) make a QSST election within the 2-month and 16-day period from one of the

7. Treas. Reg. The current income beneficiary of a qualified subchapter S trust (QSST) must § 1.1361–1(j)(6) make a QSST election within the 2-month and 16-day period from one of the

dates prescribed in Treas. Reg. § 1.1361–1(j)(6)(iii). 8. Treas. Reg. The successive income beneficiary of a QSST may affirmatively refuse to § 1.1361–1(j)(10) consent to the QSST election. The beneficiary must sign the statement and file

8. Treas. Reg. The successive income beneficiary of a QSST may affirmatively refuse to § 1.1361–1(j)(10) consent to the QSST election. The beneficiary must sign the statement and file

the statement with the IRS within 15 days and 2 months after the date on which the successive income beneficiary becomes the income beneficiary. 9. Treas. Reg. If an S corporation elects to treat an eligible subsidiary as a qualified § 1.1361–3(a)(4) subchapter S subsidiary (QSUB), the election cannot be effective more than 2

9. Treas. Reg. If an S corporation elects to treat an eligible subsidiary as a qualified § 1.1361–3(a)(4) subchapter S subsidiary (QSUB), the election cannot be effective more than 2

months and 15 days prior to the date of filing the election. 10. Treas. Reg. An S corporation may revoke a QSUB election by filing a statement with the § 1.1361–3(b)(2) service center. The effective date of a revocation of a QSUB election cannot be

An S corporation may revoke a QSUB election by filing a statement with the service center. The effective date of a revocation of a QSUB election cannot be more than 2 months and 15 days prior to the filing date of the revocation.

2002–46 I.R.B. 867 November 18, 2002