[Code of Federal Regulations]
[Title 26, Volume 6]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.442-3T]

[Page 30-31]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
DEFERRED COMPENSATION, ETC.--Table of Contents
 
Sec. 1.442-3T  Special limitations on certain adoptions and retentions of a taxable year (temporary).

    (a) Applicability. This section generally applies to--
    (1) Any partnership that wishes to adopt a taxable year other than 
the calendar year, the taxable year of its principal partners, or the 
taxable year to which all of its principal partners are concurrently 
changing, and
    (2) Any corporation seeking S status that wishes to adopt or retain 
a taxable year other than the calender year or a taxable year that meets 
the requirements of section 4.02 or 4.04 of Rev. Proc. 83-25, 1983-1 
C.B. 689.
    (b) General rule. A taxpayer to which this section applies may not 
adopt or retain a taxable year that results in any deferral of income to 
its partners or shareholders unless the taxpayer--
    (1) Secures the prior approval of the Commissioner by establishing a 
substantial business purpose under paragraph (c)(2) of this section for 
the adoption or retention, or
    (2) Is permitted to adopt or retain the taxable year without 
securing the prior approval of the Commissioner under paragraph (c)(1) 
of this section.

Thus, a taxpayer to which this section applies may not adopt or retain a 
taxable year that results in a deferral of income to its partners or 
shareholders under Rev. Proc. 72-51, 1972-2 C.B. 832, or section 4.03 of 
Rev. Proc. 83-25, 1983-1 C.B. 689.
    (c) Substantial business purpose--(1) Prior approval of the 
Commissioner not needed. Notwithstanding Sec. 1.706-1(b), Sec. 1.442-
1(b)(2), and 26 CFR 18.1378-1(a), a taxpayer to which this section 
applies may adopt or retain a taxable year that results in a deferral of 
income to its partners or shareholders without the prior approval of the 
Commissioner if the taxpayer can establish a substantial business 
purpose under Sec. 1.442-2T(c). Thus, a taxpayer described in 
Sec. 1.442-2T(c)(4) must secure the prior approval of the Commissioner 
to the adoption or retention even if the requirements of Sec. 1.442-
2T(c)(1) are satisfied. A taxpayer shall effect an adoption or retention 
permitted under this paragraph (c)(1) in the manner prescribed by 
Sec. 1.442-2T(f)(1), except that the taxpayer's first income tax return 
shall be treated as the return for the short period involved in a change 
of annual accounting period.
    (2) Prior approval of the Commissioner. In any case where the 
taxpayer was in existence for the three 12-month periods described in 
Sec. 1.442-2T(c)(2), or where a predecessor organization (within the 
meaning of Sec. 4.04 of Rev. Proc. 83-25) was actively engaged in a 
trade or business at all times during the portion of those three 12-
month periods prior to the inception of the taxpayer, the Commissioner 
will consider a request for prior approval of an adoption or retention 
of a taxable year that results in a deferral of income to its partners 
or shareholders only if the taxpayer is described in Sec. 1.442-2T(e). 
In such a case, the application for approval shall be filed in the 
manner prescribed by Sec. 1.442-2T(f)(2). In any other case, the 
taxpayer must establish a substantial business purpose in order to 
obtain the prior approval of the Commissioner, and must file an 
application for approval in accordance with Sec. 1.706-1(b) or 26 CFR 
18.1378-1(a) (whichever is applicable) and Sec. 1.442-1T(b)(1). For this 
purpose, the following factors generally will not be sufficient to 
establish a substantial business purpose:
    (i) The use of a particular year for regulatory or financial 
accounting purposes;
    (ii) The hiring patterns of a particular business (e.g., the fact 
that a firm typically hires staff during certain times of the year);
    (iii) The use of a particular year for administrative purposes, such 
as for the admission or retirement of partners or shareholders, 
promotion of staff, and compensation or retirement arrangements with 
staff, partners, or shareholders; and
    (iv) The fact that a particular business involves the use of price 
lists, model year, or other items that change on an annual basis.
    (d) Time for filing. (1) Except as otherwise provided in paragraph 
(d)(2) of this

[[Page 31]]

section, a taxpayer cannot adopt or retain a taxable year under this 
section unless the return or form required to effect or request the 
adoption or retention is filed by its due date (with extensions if the 
adoption is effected by filing an income tax return for the taxpayer's 
first taxable year).
    (2) A taxpayer may adopt or retain a taxable year under this section 
if the due date (without regard to extensions) for the return or form 
required to effect or request the adoption or retention is on or after 
November 6, 1986, and before March 9, 1987, and the return or form is 
filed before March 9, 1987 (or, in the case of an adoption effected by 
filing an income tax return for the taxpayer's first taxable year, if an 
application for extension is filed before March 9, 1987). This paragraph 
(d)(2) only extends the time for adopting or retaining a taxable year 
and does not extend the time for making an S election. An S election 
that is timely filed before March 9, 1987, however, will not be denied 
or rendered ineffective solely by reason of the need for the taxpayer to 
submit the information required by paragraph (c) of this section.
    (3) In the case of an adoption or retention of a taxable year under 
this section that is effected by filing an income tax return for the 
taxpayer's first taxable year, any failure to file a return or to pay 
tax on or before the due date for the return or the date prescribed for 
payment will be treated as due to reasonable cause and will not give 
rise to any addition to tax under section 6651 if--
    (i) The due date for the return (without regard to extensions) or 
the date prescribed for payment is on or after November 6, 1986, and 
before March 9, 1987, and
    (ii) The return (or application for extension) is filed and the tax 
is paid before March 9, 1987.
    (e) Effective date. This section generally applies if the first 
taxable year of the partnership or the first taxable year for which the 
election to be an S corporation is effective begins before January 1, 
1987, unless the application necessary to effect or request the adoption 
or retention was timely filed before November 6, 1986. This section 
shall not apply, however, to an adoption by a partnership of a taxable 
year that begins before January 1, 1986.

[T.D. 8123, 52 FR 3622, Feb. 5, 1987]