This notice informs you that we terminated your Section 444 election because you didn’t file Form 8752, Required Payment or Refund Under Section 7519, annually as required. This election allowed you to file your business income tax return (either Form 1065 or Form 1120S) on a fiscal year basis.
What you need to do
- Prepare and file your Form 1065, U.S. Return of Partnership Income, or Form 1120S, U.S. Income Tax Return for an S Corporation, on a calendar year basis if you are still in business.
- If you have a credit balance on Form 8752, you must file a FINAL Form 8752 to claim your refund.
You may want to
- Review this notice with your tax preparer.
- Review the rules for maintaining a Section 444 Election.
- Review your records to determine whether you timely filed the required Forms 8752 with appropriate payment.
- If you believe the notice is incorrect, call us for assistance at the toll-free number listed in the top right corner of your notice.
Answers to common questions
What if I do not agree with the termination?
If you disagree with the termination, and you believe you filed Form 8752 with the required payments, send supporting documentation showing Form 8752 was compliant, along with this notice, to:
Internal Revenue Service
BMF Entity – Stop 343
Cincinnati, OH 45999
Can I make another Section 444 Election?
No. There are no provisions under the Internal Revenue Code to allow another Section 444 Election.
Tax publications you may find useful
- S Corporations
- Publication 1, Your Rights as a Taxpayer (.pdf)
- Publication 538, Accounting Periods and Methods (.pdf)
- Publication 541, Partnerships (.pdf)
- Form 1065, U.S. Return of Partnership Income (.pdf)
- Instructions for Form 1065, U.S. Return of Partnership Income (.pdf)
- Form 1120S, U.S. Income Tax Return for an S Corporation (.pdf)
- Instructions for Form 1120S, U.S. Income Tax Return for an S Corporation (.pdf)
- Form 8752, Required Payment or Refund Under Section 7519 (.pdf)
- Full list of tax forms and instructions
How to get help
- Call the 800, 866 or 888 number listed on the top right corner of your notice.
- Authorize someone (such as an accountant) to contact the IRS on your behalf using Form 2848, Power of Attorney and Declaration of Representative (PDF)
- See if you qualify for help from a Low Income Taxpayer Clinic.