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Form 4876A: Election To Be Treated as an Interest Charge DISC
IRS Form 4876A is the Election To Be Treated as an Interest Charge DISC, which a corporation files to elect this status. For non-first tax years, the election must be made during the 90-day period preceding the first day of that tax year.
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IRS Form 4876A - Election To Be Treated as an Interest Charge DISC
IRS Form 4876A is the Election To Be Treated as an Interest Charge DISC, which a corporation files to elect this status. For non-first tax years, the election must be made during the 90-day period preceding the first day of that tax year.
Risk Radar
Scan points- 1Failure of *all* shareholders to consent invalidates the election for IC-DISC treatment.
- 2Filing without consent from all shareholders as of the first day of the tax year.
- 3Not making the election during the required 90-day period preceding the tax year start.
- 4Failing to include a schedule when consent involves transferred shares.
- 5Signing only Part I and omitting the necessary shareholder consents in Part II.
Plain English
This form allows a corporation to officially tell the IRS that it wants to be treated as an Interest Charge Domestic International Sales Corporation (IC-DISC). This designation affects how the company's income and international sales are taxed. The election must be made by all shareholders who own stock while the election is active.
Submission Date
- Filing date: 2016-09-02 00:00:00
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- Use this form when a corporation elects to be treated as an interest charge domestic international sales corporation (IC-DISC) for income tax purposes.
- Do not use it when the election is being made by only some shareholders; all of the corporation’s shareholders must consent to the election.
- Check Form 1120-IC-DISC instead when filing the annual return after this election has been made.
Form selector
Use this form or another form?
Corporation is a S corporation
The organization is ineligible for IC-DISC treatment.
✓ Check before you continue
Election involves shares transferred at the start of the year
A schedule showing name, address, and number of shares must be attached to Part II.
✓ Check before you continue
Corporation is a financial institution
Certain financial institutions are ineligible for IC-DISC treatment.
✓ Check before you continue
Deadline or filing window
For any tax year that is not the corporation’s first, the election must occur during the 90-day period immediately preceding the start of that tax year. If an extension is needed due to reasonable cause, it can be granted by an IRS Service Center. The filing deadline for a supplemental form is within the first 90 days of the tax year in which the election takes effect.
Checklist
What you need before filling it out
Purpose of Form
The corporation files to elect to be treated as an interest charge domestic international sales corporation (IC-DISC) for income tax purposes. · Part I, Page 1 & Part II, Page 2
Filing Deadline (First Tax Year)
Complete and file within 90 days after the beginning of the tax year. · Form p.2
Filing Deadline (Subsequent Years)
Must be made during the 90-day period immediately preceding the first day of that tax year. · Form p.2
Shareholder Consent Requirement
All of the corporation’s shareholders must consent to this election for it to be valid. · Form p.1 & Part II, Page 2
Tax Year Determination (IC-DISC)
Must use tax year of shareholder (or shareholder group) with the highest percentage of voting power. · Form p.1, Item C
Required Filing Location
File with the IRS Service Center where the corporation will file its annual return, Form 1120-IC-DISC. · Form p.2
Shareholder Information Required (Per Shareholder)
Name and address (including ZIP code) of each shareholder (or expected shareholder) at the beginning of the tax year the election takes effect and when the election is filed. · Form p.1, Item G
Before you submit
- 1Ensure the corporation name, address, and EIN are accurately entered on Part I.
- 2Verify that Item C (Tax year of IC-DISC) reflects the highest voting power shareholder's tax year.
- 3Confirm all shareholders have signed and dated Part II or attached a separate consent document.
- 4If shares were transferred at the start of the election year, ensure the required schedule is attached to Part II.
- 5Check that Item B (Principal business classification) is accurately listed according to instructions.
- 6Verify that the date on the signature line reflects when the election was made.
- 7Confirm the form includes the necessary declaration under penalties of perjury.
How to file this form
- 1Complete Part I by entering corporation details, shareholder information (including shares held), and the effective tax year.
- 2Incorporate all shareholders' consent onto Part II or attach a separate document showing signature and date.
- 3If applicable, complete the schedule detailing transferred shares and attach it to Part II.
- 4File Form 4876-A with the IRS Service Center where the corporation will file its annual return (Form 1120-IC-DISC).
- 5Keep a copy of the completed and signed form for your records.
Known limitations
- 1S corporations are ineligible for IC-DISC treatment.
- 2Certain financial institutions are ineligible for IC-DISC treatment.
- 3Other corporations listed in section 992(d) are not eligible for IC-DISC treatment.
Field map
Compact field-by-field guide
General Info
2 items
Full legal name and taxpayer identification number (SSN or EIN).
Current mailing address.
Details
2 items
Complete all applicable sections of this form according to the official IRS instructions.
Enter the relevant dollar amount if this form involves tax calculation.
Certification
1 items
Read and acknowledge any certifications required by this form.
Signatures
1 items
Sign and date. Unsigned forms cannot be processed.
Almost done reviewing the fields?
Fillable formOpen in Editor->The current edition is dated September 2016 (Rev. 9-2016). The source directs users to www.irs.gov/form1120icdisc for the latest information regarding Form 4876-A and related developments.
What changed or needs a fresh check
- Edition date — confirm the revision date reads September 2016 (Rev. 9-2016)
- Filing address — confirm the primary filing location is an IRS Service Center, not 1111 Constitution Ave. NW.
- Required consents — confirm that Part II or attachments include signatures and dates from *each* shareholder.
- IC-DISC Tax Year — confirm the tax year used matches the shareholder (or group) with the highest percentage of voting power.
Quick Facts
Downloads
After you file
- 1Retain books or records relating to Form 4876A and its instructions as long as their contents may become material in the administration of any Internal Revenue law.
- 2Generally, tax returns and return information are confidential, as required by section 6103.
- 3If consent involves transferred shares, attach a schedule showing the name and address of the holder of the shares at the beginning of the tax year and the number of shares for which the consent is made (if applicable).
- 4The election remains in effect until it is terminated or revoked, as per Regulations section 1.992-2(e).
Sources
- SRCForm p.1 — The corporation must elect to be treated as an interest charge domestic international sales corporation (IC-DISC) on Form 4876-A.
- SRCForm p.1 — All of the corporation’s shareholders must consent to this election.
- SRCForm p.1 — If consent involves transferred shares, a schedule showing the name and address of the holder and number of shares must be attached.
- SRCForm p.2 — The purpose of Form 4876-A is for a corporation to elect to be treated as an IC-DISC.
- SRCForm p.2 — For any tax year that is not the corporation’s first, the election must be made during the 90-day period immediately preceding the first day of that tax year.
- SRCForm p.2 — The election applies to each shareholder who owns stock in the corporation while the election is in effect.
Common confusion points
What must be done for the election to be valid?
The form requires that each shareholder signs and dates Part II, or attaches a separate consent to Form 4876-A.
→ Ensure every single shareholder's signature/consent is present.
When do I need to file this form?
If it is the corporation’s first tax year, file within 90 days after the start of that year; otherwise, file during the 90-day period before the next tax year begins.
→ Check if you are filing for a new or existing company.
If my shareholders have different voting power percentages, which tax year do we use?
The IC-DISC’s tax year must be that of the shareholder (or group) holding the highest percentage of voting power.
→ Identify the controlling owner(s) first before filling out Item C on Form 4876-A.
Where exactly should I send this form?
File it with the IRS Service Center where the corporation will file its annual return, Form 1120-IC-DISC; do not use the general address listed for comments.
→ Verify your main filing location before mailing/submitting.
What if some shareholders are expected but haven't officially joined yet?
You must list them as 'expected shareholder' on Item G of Form 4876-A, along with their name and address.
→ Do not omit any shareholder who will own stock when the election takes effect.
Does the consent need to be on the form itself or can it be separate?
Part II (Shareholders’ Consent Statement) can be used instead of attachments, but if you attach a schedule for transferred shares, that must also accompany the form.
→ Confirm whether your shareholders are signing directly on Form 4876-A or submitting an attached consent document.
Workflow map
Related forms and next steps
Before
Current
After
Often used with
⚠ If something goes wrong
- If a corporation has to change its tax year, this form documents the election that enables that change.
Questions about IRS Form 4876A
What is IRS Form 4876A used for?
This form allows a corporation to officially tell the IRS that it wants to be treated as an Interest Charge Domestic International Sales Corporation (IC-DISC). This designation affects how the company's income and international sales are taxed. The election must be made by all shareholders who own stock while the election is active.
Who must file IRS Form 4876A?
A corporation files Form 4876A to elect to be treated as an IC-DISC. The election applies to each shareholder who owns stock in the corporation while the election is in effect.
What information does IRS Form 4876A require?
Part I requires details about the corporation, including its principal business classification (Item B). Part II collects the signatures and dates of all shareholders consenting to the election; this part may be used instead of attachments. Additional schedules can list transferred shares.
When is IRS Form 4876A due?
For any tax year that is not the corporation’s first tax year, Form 4876A must be made during the 90-day period immediately preceding the first day of that tax year.
Where do I file IRS Form 4876A?
The form must be filed with the IRS Service Center where the corporation will file its annual return, Form 1120-IC-DISC. If a P.O. box is used instead of a street address, the box number should be shown in Part I.
How do I complete IRS Form 4876A?
First, an officer authorized to sign (such as the president or treasurer) must sign and date Part I. Next, all shareholders must consent by signing and dating in Part II or attaching a separate statement. If shares are transferred later, a supplemental Form 4876A must be filed within 90 days.
What happens if IRS Form 4876A is filed incorrectly?
Under penalties of perjury, if the statements on Form 4876A are found to be untrue or incomplete, penalties may apply for failing to declare them correctly.
What must be done for the election to be valid?
The form requires that each shareholder signs and dates Part II, or attaches a separate consent to Form 4876-A. Ensure every single shareholder's signature/consent is present.
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