What Is Form 1128 Used For?
Form 1128 is used to request a change in your tax year, which essentially means to alter your tax reporting period. You adopt a tax year when you file your first return (most people use the calendar year as their tax year), but you can change it later with Form 1128.
Who Should Use Form 1128?
Form 1128 should be used by anyone who wishes to change their tax year, be they an individual, C corporation, S corporation, trust, or partnership. However, you should check the official IRS website for the specifics on exemptions.
When Is Form 1128 Due?
Form 1128 is due by the due date of the federal income tax return for the first effective year, but shouldn’t be filed earlier than the day following the end of the first effective year. The specific date will depend on the new tax year you’ve elected.
What Happens If Form 1128 Is Not Submitted?
If Form 1128 is not submitted, the change in your tax year won’t be legally recognized, so you’ll have to continue filing using your previously established tax year. However, if you missed the deadline by less than 90 days, your application may still be approved if you submit an extension request and prove that you’ve acted reasonably and in good faith.
How and Where Do I File Form 1128?
There are two filing paths for IRS Form 1128: automatic approval, which applies when the change meets specific IRS criteria and requires no IRS ruling, and a ruling request, which is needed when automatic approval criteria are not met and requires IRS review and approval.
You should file Form 1128 with the IRS as an attachment to your federal income tax return when you qualify for the automatic approval. If you don’t, and you wish to request a ruling instead, use one of the addresses available on the official IRS website.