Free Form 1128 (Rev. January 2008) - Federal

Form

1128

Application To Adopt, Change, or Retain a Tax Year
See separate instructions.

OMB No. 1545-0134 Attachment Sequence No.

(Rev. January 2008)
Department of the Treasury Internal Revenue Service

148

Part I

General Information
Filer's identifying number

Important: All filers must complete Part I and sign below. See instructions. Name of filer (if a joint return is filed, also enter spouse's name) (see instructions)

Number, street, and room or suite no. (if a P.O. box, see instructions) Type or Print

Service Center where income tax return will be filed

City or town, state, and ZIP code

Filer's area code and telephone number/Fax number ( )

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Name of applicant, if different than the filer (see instructions)

Applicant's identifying number (see instructions)

Name of person to contact (if not the applicant or filer, attach a power of attorney)

Contact person's area code and telephone number/Fax number ( )

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1

Check the appropriate box(es) to indicate the type of applicant (see instructions).
Individual Partnership Estate Domestic corporation S corporation Personal service corporation (PSC) Cooperative (sec. 1381(a)) Controlled foreign corporation (CFC) (sec. 957) Foreign sales corporation (FSC) or Interest-charge domestic international sales corporation (IC-DISC) Specified foreign corporation (SFC) (sec. 898) 10/50 corporation (sec. 904(d)(2)(E)) Trust Passive foreign investment company (PFIC) (sec. 1297) Other foreign corporation Tax-exempt organization Homeowners Association (sec. 528) Other (Specify entity and applicable Code section)

2a Approval is requested to (check one) (see instructions): Adopt a tax year ending Change to a tax year ending (Partnerships and PSCs: Go to Part III after completing Part I.) Retain a tax year ending

b If changing a tax year, indicate the date the present tax year ends. c If adopting or changing a tax year, the first return or short period return will be filed for the tax year beginning , 20 , and ending , 20 3 Is the applicant's present tax year, as stated on line 2b above, also its current financial reporting year? If "No," attach an explanation. 4 Indicate the applicant's present overall method of accounting. Cash receipts and disbursements method Accrual method Other method (specify) State the nature of the applicant's business or principal source of income. Yes No

5

Signature--All Filers (See Who Must Sign in the instructions.)
Under penalties of perjury, I declare that I have examined this application, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than filer) is based on all information of which preparer has any knowledge.

Filer*

Preparer (other than filer)

Signature and date

Signature of individual preparing the application and date

Name and title (print or type)

Name of individual preparing the application

*If the application is filed on behalf of a controlled foreign corporation or a 10/50 corporation by a controlling domestic shareholder, see instructions.

Name of firm preparing the application Cat. No. 21115C Form

For Privacy Act and Paperwork Reduction Act Notice, see separate instructions.

1128

(Rev. 1-2008)

Form 1128 (Rev. 1-2008)

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Part II

Automatic Approval Request (see instructions)

Identify the revenue procedure under which this automatic approval request is filed Section A--Corporations (Other Than S Corporations or Personal Service Corporations) (Rev. Proc. 2006-45, or its successor) Is the applicant a corporation (including a homeowners association (section 528)) that is requesting a change in tax year and is not precluded from using the automatic approval rules under section 4 of Rev. Proc. 2006-45 (or its successor)? (see instructions) 2 Does the corporation intend to elect to be an S corporation for the tax year immediately following the short period? If "Yes" and the corporation is electing to change to a permitted tax year, file Form 1128 as an attachment to Form 2553. 3 Is the applicant a corporation requesting a concurrent change for a CFC, FSC or IC-DISC? (see instructions) Section B--Partnerships, S Corporations, Personal Service Corporations (PSCs), and Trusts (Rev. Proc. 2006-46, or its successor) 4 5 6 Is the applicant a partnership, S corporation, PSC, or trust that is requesting a tax year and is not precluded from using the automatic approval rules under section 4 of Rev. Proc. 2006-46 (or its successor)? (see instructions) Is the partnership, S corporation, PSC, or trust requesting to change to its required tax year or a partnership, S corporation, or PSC that wants to change to a 52-53 week tax year ending with reference to such tax year? 1 Yes No

Is the partnership, S corporation, or PSC (other than a member of a tiered structure) requesting a tax year that coincides with its natural business year described in section 4.01(2) of Rev. Proc. 2006-46 (or its successor)? Attach a statement showing gross receipts for the most recent 47 months. (See instructions for information required to be submitted) 7 Is the S corporation requesting an ownership tax year? (see instructions) 8 Is the applicant a partnership requesting a concurrent change pursuant to section 6.09 of Rev. Proc. 2006-45 (or its successor) or section 5.04(8) of Rev. Proc. 2002-39 (or its successor)? (see instructions) Section C--Individuals (Rev. Proc. 2003-62, or its successor) (see instructions) 9 Is the applicant an individual requesting a change from a fiscal year to a calendar year? Section D--Tax-Exempt Organizations (Rev. Proc. 76-10 or 85-58) (see instructions) 10 Is the applicant a tax-exempt organization requesting a change?

Part III

Ruling Request (All applicants requesting a ruling must complete Section A and any other section that applies to the entity. See instructions.) (Rev. Proc. 2002-39, or its successor)
Yes No

Section A--General Information 1 Is the applicant a partnership, S corporation, personal service corporation, or trust that is under examination by the IRS, before an appeals office, or a Federal court? If "Yes," see the instructions for information that must be included on an attached explanation. Has the applicant changed its annual accounting period at any time within the most recent 48-month period ending with the last month of the requested tax year? If "Yes" and a letter ruling was issued granting approval to make the change, attach a copy of the letter ruling, or if not available, an explanation including the date approval was granted. If a letter ruling was not issued, indicate when and explain how the change was implemented. 3 Within the most recent 48-month period, has any accounting period application been withdrawn, not perfected, denied, or not implemented? If "Yes," attach an explanation.

2

4a Is the applicant requesting to establish a business purpose under section 5.02(1) of Rev. Proc. 2002-39 (or its successor)? If "Yes," attach an explanation of the legal basis supporting the requested tax year (see instructions). b If your business purpose is based on one of the natural business year tests under section 5.03, check the applicable box. Annual business cycle test Seasonal business test 25-percent gross receipts test Attach a statement showing gross receipts from sales and services (and inventory cost if applicable) for the test period. (see instructions) 5 Enter the taxable income or (loss) for the 3 tax years immediately preceding the year of change and for the short period. If necessary, estimate the amount for the short period. $ Short period First preceding year $ Second preceding year $ Third preceding year $ Note: Individuals, enter adjusted gross income. Partnerships and S corporations, enter ordinary income. Section 501(c) organizations, enter unrelated business taxable income. Estates, enter adjusted total income. All other applicants, enter taxable income before net operating loss deduction and special deductions.
Form

1128

(Rev. 1-2008)

Form 1128 (Rev. 1-2008)

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Corporations only, enter the losses or credits, if any, that were generated or that expired in the short period: Generated Expiring Net operating loss $ $ Capital loss $ $ Unused credits $ $ 7 Enter the amount of deferral, if any, resulting from the change (see section 5.05(1), (2), (3) and 6.01(7) of Rev. Proc. 2002-39, or its successor) $ 8a Is the applicant a U.S. shareholder in a CFC? If "Yes," attach a statement for each CFC providing the name, address, identifying number, tax year, the percentage of total combined voting power of the applicant, and the amount of income included in the gross income of the applicant under section 951 for the 3 tax years immediately before the short period and for the short period. b Will each CFC concurrently change its tax year? If "Yes" to line 8b, go to Part II, line 3. If "No," attach a statement explaining why the CFC will not be conforming to the tax year requested by the U.S. shareholder. 9a Is the applicant a U.S. shareholder in a PFIC as defined in section 1297? If "Yes," attach a statement providing the name, address, identifying number, and tax year of the PFIC, the percentage of interest owned by the applicant, and the amount of distributions or ordinary earnings and net capital gain from the PFIC included in the income of the applicant. b Did the applicant elect under section 1295 to treat the PFIC as a qualified electing fund? 10a Is the applicant a member of a partnership, a beneficiary of a trust or estate, a shareholder of an S corporation, a shareholder of an IC-DISC, or a shareholder of an FSC? If "Yes," attach a statement providing the name, address, identifying number, type of entity (partnership, trust, estate, S corporation, IC-DISC, or FSC), tax year, percentage of interest in capital and profits, or percentage of interest of each IC-DISC or FSC and the amount of income received from each entity for the first preceding year and for the short period. Indicate the percentage of gross income of the applicant represented by each amount. b Will any partnership concurrently change its tax year to conform with the tax year requested? c If "Yes" to line 10b, has any Form 1128 been filed for such partnership? Does the applicant or any related entity currently have any accounting method, tax year, ruling, or technical advice request pending with the IRS National Office? If "Yes," attach a statement explaining the type of request (method, tax year, etc.) and the specific issues involved in each request. 12 Is Form 2848, Power of Attorney and Declaration of Representative, attached to this application? 13 Does the applicant request a conference of right (in person or by telephone) with the IRS National Office, if the IRS proposes to disapprove the application? 14 Enter amount of user fee attached to this application (see instructions) $ Section B--Corporations (other than S corporations and controlled foreign corporations) (see instructions) 15 Enter the date of incorporation. 16a Does the corporation intend to elect to be an S corporation for the tax year immediately following the short period? b If "Yes," will the corporation be going to a permitted S corporation tax year? If "No" to line 16b, attach an explanation. 17 Is the corporation a member of an affiliated group filing a consolidated return? If "Yes," attach a statement providing (a) the name, address, identifiying number used on the consolidated return, tax year, and Service Center where the applicant files the return; (b) the name, address, and identifying number of each member of the affiliated group; (c) the taxable income (loss) of each member for the 3 years immediately before the short period and for the short period; and (d) the name of the parent corporation. 11

Yes No

Yes No

18a Personal service corporations (PSCs): Attach a statement providing each shareholder's name, type of entity (individual, partnership, corporation, etc.), address, identifying number, tax year, percentage of ownership, and amount of income received from the PSC for the first preceding year and the short period. b If the PSC is using a tax year other than the required tax year, indicate how it obtained its tax year. Grandfathered (attach copy of letter ruling) Section 444 election (date of election Letter ruling (date of letter ruling (attach copy))
Form

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1128

(Rev. 1-2008)

Form 1128 (Rev. 1-2008)

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Section C--S Corporations (see instructions) 19 Enter the date of the S corporation election. 20 Is any shareholder applying for a corresponding change in tax year? If "Yes," each shareholder requesting a corresponding change in tax year must file a separate Form 1128 to get advance approval to change its tax year. If the corporation is using a tax year other than the required tax year, indicate how it obtained its tax year. Grandfathered (attach copy of letter ruling) Section 444 election (date of election ) Letter ruling (date of letter ruling (attach copy)) Attach a statement providing each shareholder's name, type of shareholder (individual, estate, qualified subchapter S Trust, electing small business trust, other trust, or exempt organization), address, identifying number, tax year, percentage of ownership, and the amount of income each shareholder received from the S corporation for the first preceding year and for the short period.

Yes No

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Section D--Partnerships (see instructions) 23 Enter the date the partnership's business began. 24 Is any partner applying for a corresponding change in tax year? 25 Attach a statement providing each partner's name, type of partner (individual, partnership, estate, trust, corporation, S corporation, IC-DISC, etc.), address, identifying number, tax year, and the percentage of interest in capital and profits. Is any partner a shareholder of a PSC as defined in Regulations section 1.441-3(c)? If "Yes," attach a statement providing the name, address, identifiying number, tax year, percentage of interest in capital and profits, and the amount of income received from each PSC for the first preceding year and for the short period.

Yes No

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If the partnership is using a tax year other than the required tax year, indicate how it obtained its tax year. Grandfathered (attach copy of letter ruling) Section 444 election (date of election ) Letter ruling (date of letter ruling (attach copy)) Section E--Controlled Foreign Corporations (CFC) Attach a statement for each U.S. shareholder (as defined in section 951(b)) providing the name, address, identifying number, tax year, percentage of total value and percentage of total voting power, and the amount of income included in gross income under section 951 for the 3 tax years immediately before the short period and for the short period. Yes No

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Section F--Tax-Exempt Organizations 29 Type of organization: Corporation Trust Other (specify) 30 Date of organization. 31 Code section under which the organization is exempt. 32 Is the organization required to file an annual return on Form 990, 1120-C, 990-PF, 990-T, 1120-H, or 1120-POL? 33 Enter the date the tax exemption was granted. . Attach a copy of the letter ruling granting exemption. If a copy of the letter ruling is not available, attach an explanation. 34 If the organization is a private foundation, is the foundation terminating its status under section 507? Section G--Estates 35 Enter the date the estate was created.

36a Attach a statement providing the name, identifying number, address, and tax year of each beneficiary and each person who is an interested party of any portion of the estate. b Based on the adjusted total income of the estate entered in Part III, Section A, line 5, attach a statement showing the distribution deduction and the taxable amounts distributed to each beneficiary for the 2 tax years immediately before the short period and for the short period. Section H--Passive Foreign Investment Companies 37 If the applicant is a passive foreign investment company, attach a statement providing each U.S. shareholder's name, address, identifying number, and percentage of interest owned.
Form

1128

(Rev. 1-2008)