See Regulations section 1.1362-6(a)(4) for details.įor rules on allocating income and deductions between an S corporation's short year and a C corporation's short year and other special rules that apply when an election is terminated, see section 1362(e) and Regulations section 1.1362-3. The statement must be signed by each shareholder who consents to the revocation and contain the information required by Regulations section 1.1362-6(a)(3).Ī revocation can be rescinded before it takes effect. In the statement, the corporation must notify the IRS that it is revoking its election to be an S corporation. To revoke the election, the corporation must file a statement with the appropriate service center listed under Where To File in the Instructions for Form 2553. If no date is specified and the revocation is made after the 15th day of the 3rd month of the tax year, the revocation is effective at the start of the next tax year. If no date is specified, the revocation is effective at the start of the tax year if the revocation is made on or before the 15th day of the 3rd month of that tax year. The revocation can specify an effective revocation date that is on or after the day the revocation is filed. An election can be revoked only with the consent of shareholders who, at the time the revocation is made, hold more than 50% of the number of issued and outstanding shares of stock (including nonvoting stock). See the line 22a instructions for details on how to figure the tax.

The corporation must pay a tax for each year it has excess net passive income. The election terminates on the first day of the 1st tax year beginning after the 3rd consecutive tax year. Attach to Form 1120-S for the final year of the S corporation a statement notifying the IRS of the termination and the date it occurred.įor each of 3 consecutive tax years, the corporation (a) has accumulated earnings and profits (AE&P), and (b) derives more than 25% of its gross receipts from passive investment income as defined in section 1362(d)(3)(C). This kind of termination of an election is effective as of the day the corporation no longer meets the definition of a small business corporation.

The corporation is no longer a small business corporation as defined in section 1361(b).

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