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Official form guide
Form 8716: Election To Have A Tax Year Other Than a Required Tax Year
IRS Form 8716 is used to elect a tax year other than a required tax year by partnerships, S corporations, and personal service corporations. The form must be filed by the 15th day of the 5th month following the first day of the effective tax year.
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IRS Form 8716 - Election To Have A Tax Year Other Than a Required Tax Year
IRS Form 8716 is used to elect a tax year other than a required tax year by partnerships, S corporations, and personal service corporations. The form must be filed by the 15th day of the 5th month following the first day of the effective tax year.
Risk Radar
Scan points- 1The election is invalid unless it is properly signed by an authorized party.
- 2Filing without signing and dating the Form 8716.
- 3Not having a partner or LLC member sign for partnership elections.
- 4Not having an authorized corporate officer sign for corporation elections.
- 5Failing to file a copy with the first tax year's income tax return.
Plain English
This form allows an entity like a partnership or S corporation to choose a tax year that is not the standard required year. By filing Form 8716, the entity officially changes its accounting period and specifies when this new election takes effect. This ensures the IRS knows exactly which dates to use for calculating taxes.
Submission Date
- Filing date: 2021-09-03 22:10:25
- 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 partnership, S corporation, or personal service corporation elects under section 444 to have a tax year other than a required tax year.
- Do not use it if you are an entity that is part of a tiered structure unless the structure consists entirely of partnerships and/or S corporations all having the same tax year.
- Check Form 8752 instead when filing for an electing partnership or S corporation to report payments required under section 7519.
Form selector
Use this form or another form?
Entity is a Partnership or S Corporation
Must file this form each year the election is in effect, even if the payment due is zero.
✓ Check line 2 of Form 8752.
Entity is a Personal Service Corp (PSC)
Must use this schedule to determine minimum distribution requirements and maximum deductible amounts when section 444 election is in effect.
✓ Attach Schedule H to the income tax return.
Filing for an extension of time
Must file within 12 months of the original due date to obtain this automatic extension.
✓ Ensure the declaration statement is included.
Type 'Filed Pursuant To Section 301.9100-2' at top
Deadline or filing window
Filing must occur before the 15th day of the 5th month following the first day of the effective tax year. Alternatively, it must be filed by the due date of the resulting income tax return. An automatic 12-month extension is granted under Regulations section 301.9100-2.
Checklist
What you need before filling it out
Purpose of Form
Entity type (Partnership, S Corp, PSC) · Form 8716
When To File
The 15th day of the 5th month following the start date OR due date of return · Form 8716
PSC Requirement
Schedule H (Form 1120) · Form 8716
Extension Filing Method
Type 'Filed Pursuant To Section 301.9100-2' at top · Form 8716
Election Limit
The election is made only once · Form 8716
Tiered Structure Restriction
Must be an entirely partnership/S corp structure with the same tax year · Form 8716
Before you submit
- 1Check that the entity type (Partnership, S Corp, PSC) box on Line 1 is correctly checked.
- 2Verify the name and telephone number of the person authorized to make the election on Line 2.
- 3Confirm the ending date of the last filed tax year for the entity is entered on Line 3.
- 4Ensure the required tax year end date (under section 441(i), 706(b), or 1378) is correctly listed on Line 4.
- 5Verify that the applicable box and ending date are filled out for Section 444(a) election on Line 5.
- 6If filing for an extension, confirm 'Filed Pursuant To Section 301.9100-2' is typed at the top of Form 8716.
- 7Sign and title the form under penalty of perjury before mailing or submitting.
How to file this form
- 1Complete Lines 1 through 5 with all required entity and date information on Form 8716.
- 2If claiming an extension, type 'Filed Pursuant To Section 301.9100-2' at the top of Form 8716.
- 3Sign and date the declaration section under penalty of perjury.
- 4File the completed Form 8716 at the applicable IRS address (Box 409101, Ogden, UT 84409), or file a copy with your income tax return.
Known limitations
- 1An election cannot be made under section 444(a) by an entity that is part of a tiered structure unless that structure consists entirely of partnerships and/or S corporations all having the same tax year.
- 2If a PSC does not meet the minimum distribution requirements of section 280H, the applicable amounts it may deduct for payments made to its employee-owners may be limited (use Schedule H, Form 1120, Section 280H Limitations).
- 3The election under section 444 will end if a partnership or S corporation willfully fails to comply with the requirements of section 7519.
- 4If an entity becomes part of a tiered structure that is not allowed to make the election later, any previously made election will be terminated.
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 of IRS Form 8716 is dated August 2021 (Rev. 8-2021). The form directs users to www.irs.gov/Form8716 for the latest information.
What changed or needs a fresh check
- Edition date — confirm August 2021 (Rev. 8-2021)
- OMB Number — confirm 1545-0123
- Mailing address — confirm Box 409101, Ogden, UT 84409
- Signature — ensure the authorized person signs and enters their title.
- Type of Entity — verify the correct box (Partnership, S Corp, or PSC) is checked.
- Filing Deadline — confirm the date matches either the 15th day of the 5th month following the start date OR the return due date.
Quick Facts
Downloads
After you file
- 1Keep a copy of Form 8716 marked "Accepted" after the service center stamps it and returns it.
- 2Retain books or records relating to Form 8716 as long as their contents may become material in the administration of any Internal Revenue law.
- 3If seeking an extension, file Form 8716 within 12 months of the original due date (when obtaining the extension under Regulations section 301.9100-2).
- 4The election is made only once.
Sources
- SRCInstructions p.1 — The purpose of Form 8716 is to allow partnerships, S corporations, and personal service corporations (PSC) to elect a tax year other than a required tax year under section 444.
- SRCInstructions p.1 — Filing deadline is the earlier of: 1) The 15th day of the 5th month after the first day of the effective tax year, or 2) The due date (not including extensions) of the income tax return for that tax year.
- SRCInstructions p.1 — To obtain an extension, type “Filed Pursuant To Section 301.9100-2” at the top and file within 12 months of the original due date.
- SRCInstructions p.2 — The section 444 election ends if a partnership or S corporation willfully fails to comply with the requirements of section 7519.
- SRCInstructions p.2 — For PSCs, failing minimum distribution requirements (section 280H) may limit deductible payments; these must be attached via Schedule H (Form 1120).
- SRCInstructions p.2 — The required tax year for an S corporation or PSC is a calendar year.
- SRCInstructions p.3 — Books and records relating to Form 8716 must be retained as long as their contents may become material in the administration of any Internal Revenue law.
Common confusion points
When must I file Form 8716?
It must be signed and filed by the earlier of two dates: the 15th day of the 5th month after the first day of the effective tax year, or the due date (without extensions) of the income tax return for that tax year.
→ Confirm which of these two deadlines is sooner based on your entity's start date.
What happens if I file Form 8716 to get an extension?
Type and print “Filed Pursuant To Section 301.9100-2” at the top of Form 8716, and ensure you file it within 12 months of the original due date.
→ Look for this specific phrase written on your form.
What is the required tax year for my entity?
For an S corporation or PSC, it is a calendar year; generally, for a partnership, it is the tax year of a majority of its partners.
→ Check if you are filing as an S Corp/PSC (calendar year) or Partnership (majority partner's year).
What is the deferral period limit when adopting a new tax year?
An entity adopting a tax year may elect under section 444 only if the deferral period of that tax year is not more than 3 months.
→ Verify your proposed start date against the current date to ensure the gap is $le$ 3 months.
Does my PSC need to file Form 8752 instead of Form 8716?
An electing Personal Service Corporation (PSC) should *not* file Form 8752; it must comply with minimum distribution requirements of section 280H.
→ If you are a PSC, ensure the form states that it is filing based on this exception.
If I am an existing entity changing my tax year, what's the limit?
An existing entity may elect to retain its tax year if the deferral period is not more than 3 months.
→ This rule applies when you are keeping a different tax year rather than adopting a brand new one.
Workflow map
Related forms and next steps
Before
Current
After
Often used with
⚠ If something goes wrong
- Form 8752 (This form is mentioned as a document an electing PSC should *not* file, implying it might be used otherwise.)
Questions about IRS Form 8716
What is IRS Form 8716 used for?
This form allows an entity like a partnership or S corporation to choose a tax year that is not the standard required year. By filing Form 8716, the entity officially changes its accounting period and specifies when this new election takes effect. This ensures the IRS knows exactly which dates to use for calculating taxes.
Who must file IRS Form 8716?
Partnerships, S corporations, and personal service corporations (as defined in section 441(i)(2)) must file Form 8716.
What information does IRS Form 8716 require?
The form collects details such as the ending date of the required tax year on line 4, the election type (Adopting, Retaining, Changing) and its effective start date on line 5, and a contact name/phone number on line 2.
When is IRS Form 8716 due?
Form 8716 must be signed and filed by the earlier of: 1. The 15th day of the 5th month following the month that includes the 1st day of the tax year the election will be effective, or 2. The due date (not including extensions) of the income tax return for the tax year resulting from the section 444 election.
Where do I file IRS Form 8716?
Form 8716 must be filed at the applicable IRS address shown on the form. If an extension is obtained, type or legibly print “Filed Pursuant To Section 301.9100-2” at the top of Form 8716.
How do I complete IRS Form 8716?
First, fill out lines such as line 4 (Required tax year) and line 5 (Election details). Next, provide a contact name and phone number on line 2. Finally, the form must be signed and dated according to entity type: partners/LLC members sign for partnerships, while corporate officers sign for corporations.
What happens if IRS Form 8716 is filed incorrectly?
Failure to file correctly can result in penalties under section 280H or section 7519, and if an election is terminated improperly, the entity may not make another section 444 election.
When must I file Form 8716?
It must be signed and filed by the earlier of two dates: the 15th day of the 5th month after the first day of the effective tax year, or the due date (without extensions) of the income tax return for that tax year. Confirm which of these two deadlines is sooner based on your entity's start date.
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