§ 1378 Taxable year of S corporation

OLRC 119-134 · eCFR 2026-10-19 · 1 regs · 2 amending Acts · cited by 1 sections

Enacted 1982 · Pub. L. 97-354 Amended · 2 Acts

Prior provisions 1
  • A prior section 1378, added Pub. L. 89–389, § 2(a), Apr. 14, 1966, 80 Stat. 113; amended Pub. L. 91–172, title V, § 511(c)(4), Dec. 30, 1969, 83 Stat. 638; Pub. L. 94–455, title XIX, § 1901(a)(152), (b)(33)(R), Oct. 4, 1976, 90 Stat. 1789, 1802, related to tax imposed on certain capital gains, prior to the general revision of this subchapter by section 2 of Pub. L. 97–354.
Connections Cited by 1 · Cites 0
§ 1378 Taxable year of S corporation
    § 1.1378-1 Taxable year of S corporation.
    Amended 1984, 1986
    • 1986 Pub. L. 99-514 Pub. L. 99–514, § 806(b)(3), struck out subsec. (c) which required existing S corporations to use permitted year after 50-percent shift in ownership.
    • 1984 Pub. L. 98-369 Pub. L. 98–369, § 721(m), substituted “which includes December 31, 1982 (or which is an S corporation for a taxable year beginning during 1983 by reason of an election made on or before October 19, 1982)” for “which includes December 31, 1982”.
    • 1984 Pub. L. 98-369 Pub. L. 98–369, § 721(q), substituted “who (or whose estate) held” for “who held”.

    Cases: Farmers Gin v. Commissioner, T.C. Memo. 1995-25

    Forms: Form 2553

    Final rules 1

      (a) General rule For purposes of this subtitle, the taxable year of an S corporation shall be a permitted year.

      Amended 1986
      • 1986 Pub. L. 99-514 Pub. L. 99–514, § 806(b)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “For purposes of this subtitle—

        “(1) an S corporation shall not change its taxable year to any accounting period other than a permitted year, and

        “(2) no corporation may make an election under section 1362(a) for any taxable year unless such taxable year is a permitted year.”

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        (b) Permitted year defined For purposes of this section, the term “permitted year” means a taxable year which—

        Amended 1986
        • 1986 Pub. L. 99-514 Pub. L. 99–514, § 806(b)(2), inserted at end “For purposes of paragraph (2), any deferral of income to shareholders shall not be treated as a business purpose.”

        (1) is a year ending December 31, or

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          (2) is any other accounting period for which the corporation establishes a business purpose to the satisfaction of the Secretary.

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            For purposes of paragraph (2), any deferral of income to shareholders shall not be treated as a business purpose.