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26 U.S.C. § 442Change of annual accounting period

submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 67 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law requires IRS approval to change your tax year. A taxpayer's new accounting period only counts as their official tax year if the Secretary approves the change. Certain DISCs that pick a non-calendar year are treated as making this kind of change too.

This section requires government approval before a taxpayer's new accounting period becomes official. If a taxpayer changes their annual accounting period, that new period only becomes their "taxable year" for tax purposes if the Secretary approves the change. There's a special rule for DISCs (a type of export-related corporation). Normally, under section 441(g), a DISC's taxable year is tied to a shareholder's year. If instead a DISC adopts its own annual accounting period (as defined in section 441(c)) that isn't a calendar year, this section treats that as if the DISC had "changed" its accounting period — meaning it needs the Secretary's approval too, just like any other taxpayer changing its tax year.
the actual law source: uscode.house.gov ↗public domain

If a taxpayer changes his annual accounting period, the new accounting period shall become the taxpayer’s taxable year only if the change is approved by the Secretary. For purposes of this subtitle, if a taxpayer to whom section 441(g) applies adopts an annual accounting period (as defined in section 441(c)) other than a calendar year, the taxpayer shall be treated as having changed his annual accounting period.

Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 149; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of Aug. 16, 1954, ch. 736
  • 1976Amended · Pub. L. 94-455 · 90 Stat. 1834

A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.

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