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Introduction

SECTION 13. PARTNERSHIP AND S

Internal Revenue Bulletin 2005-20 · 2026-10-03 edition · updated 2026-10-04 · United States

CORPORATION ISSUES

Statute or Regulation Act Postponed
1. Treas. Reg. §§ 1.442–1(b)(1)
and (3) and 1.706–1(b)(8)
A partnership may obtain approval of the Commissioner to adopt, change or retain
an annual accounting period 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.

May 16, 2005 1068 2005–20 I.R.B.

Statute or Regulation Act Postponed
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 Treas. Reg. § 1.1361–1(m)(2)(ii).
7. Treas. Reg. § 1.1361–1(j)(6) The current income beneficiary of a qualified subchapter S trust (QSST) must
make a QSST election within the 2-month and 16-day period from one of the dates
prescribed in section 1.1361–1(j)(6)(iii).
8. Treas. Reg. § 1.1361–1(j)(10) The successive income beneficiary of a QSST may affirmatively refuse to 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. § 1.1361–3(a)(4) If an S corporation elects to treat an eligible subsidiary as a qualified 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. § 1.1361–3(b)(2) 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.
11. Treas. Reg. § 1.1362–2(a)(2),
(4)
If a corporation revokes its subchapter S election after the first 21/2-months of its
taxable year, the revocation will not be effective until the following taxable year.
An S corporation may rescind a revocation of an S election at any time before the
revocation becomes effective.
12. Sec. 1362(b)(1) An election under section 1362(a) to be an S corporation may be made by a small
business corporation for any taxable year at any time during the preceding taxable
year, or at any time during the taxable year and on or before the 15th day of the
3rd month of the taxable year.
13. Rev. Proc. 2003–43 This revenue procedure provides a simplified method for taxpayers requesting
relief for late S corporation elections, Qualified Subchapter S Subsidiary (QSUB)
elections, Qualified Subchapter S Trust (QSST) elections, and Electing Small
Business Trust (ESBT) elections. Generally, this revenue procedure provides that
certain eligible entities may file late elections within 24 months of the due date of
the election.

2005–20 I.R.B. 1069 May 16, 2005

Statute or Regulation Act Postponed
14. Rev. Proc. 2004–48 This revenue procedure provides a simplified method for taxpayers to request relief
for a late S corporation election and a late corporate classification election which
was intended to be effective on the same date that the S corporation election was
intended to be effective. This revenue procedure provides that within 6 months after
the due date for the tax return, excluding extensions, for the first year the entity
intended to be an S corporation, the corporation must file a properly completed
Form 2553,_ Election by a Small Business Corporation_, with the applicable service
center.
15. Sec. 1378(b) and Treas. Reg.
§ 1.1378–1(c)
An S or electing S corporation may obtain the approval of the Commissioner
to adopt, change or retain an annual accounting period by filing Form 1128,
Application to Adopt, Change, or Retain a Tax Year, within such time as is provided
in administrative procedures published by the Commissioner. See Rev. Procs.
2002–38 and 2002–39.

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