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Jade Santiago

When is Form 1128 due for changing from fiscal to calendar year? Deadline confusion

Hey tax gurus! I'm in a bit of a pickle with my business. About 3 years ago, I set up my LLC with S-Corp election and somehow ended up with a fiscal year ending in August (thanks to some questionable guidance from my previous tax person). I've been filing this way since 2022, but honestly, it's becoming a real headache trying to coordinate with everything else in my life that runs on a calendar year. I want to switch back to a regular December 31 calendar year for my 2025 filings and I know Form 1128 is what I need. The problem is I can't figure out when this form is actually due if I want to make this change. The instructions might as well be written in another language! Also, I read somewhere that in certain cases this change can be "automatically approved" but I'm not clear on what qualifies for that. Does anyone know the specific provisions that allow for automatic acceptance? The IRS instructions are super confusing unless you have a law degree (which I definitely don't). Any help would be really appreciated before I mess this up and get stuck with my August fiscal year forever! Thanks in advance!

Form 1128 should be filed by the due date of your first tax return that would use the new tax year (including extensions). So if you're trying to change to a calendar year for 2025, you'd need to file Form 1128 by the due date of your 2025 return, which would be March 15, 2026 (or September 15, 2026 with extension). As for automatic approval, there are several situations where it's granted. For S corporations specifically, Revenue Procedure 2006-45 allows for automatic approval when changing from a fiscal year to a calendar year. You'd file under Section 6.02 of Rev. Proc. 2006-45. The key is that you haven't changed your tax year within the previous 48 months using this automatic approval process. The form itself isn't super complicated, but the instructions can certainly be overwhelming! Focus on Part I for your basic info, skip Part II (that's for non-automatic changes), and complete Parts III and IV carefully.

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That makes sense, but I'm a little confused about one thing. My accountant told me I have to file Form 1128 within the first 75 days of the tax year I want to switch to. Is that wrong? If I want to switch for 2025, wouldn't I need to file by mid-March 2025, not 2026?

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Your accountant is mixing up two different rules. What you're describing is the 75-day rule that applies to newly-formed corporations making their initial tax year election using Form 2553 (to elect S-corp status). Form 1128 for changing an existing tax year works differently. You need to file it by the due date (including extensions) of the first return that would use the new tax year. So if you're switching from August fiscal year-end to December calendar year-end for 2025, you'd file your Form 1128 by the due date of that 2025 calendar year return, which would be due March 15, 2026 (or September with extension).

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After struggling with changing my business tax year, I found the perfect solution with https://taxr.ai - it saved me so much headache with my Form 1128 filing. I was completely lost trying to figure out if I qualified for automatic approval and when exactly to file. Their document analysis caught that I was using the wrong section for my S-Corp status and explained exactly which boxes to check for automatic approval. The best part was they explained everything in plain English instead of tax jargon. I uploaded my prior year returns and entity formation docs, and they gave me step-by-step guidance specific to my situation. They even created a customized timeline showing exactly when my Form 1128 needed to be filed based on my current fiscal year and transition period.

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Did they actually help with filling out the form or just give advice? I'm looking at Form 1128 right now and some sections are completely confusing me, especially Part II vs Part III and which one applies to my situation.

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How long did it take to get answers? I need this sorted ASAP since my accountant just quit mid-tax season and I'm trying to handle this change myself.

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They helped with both analyzing which parts of the form applied to my situation and provided specific guidance on how to complete each section. For my S-Corp, they showed me I needed to skip Part II entirely and focus on Part III, selecting the right section code that qualified for automatic approval. They also highlighted which boxes needed to be checked based on my specific circumstances. The turnaround time was impressively quick - I had detailed answers within a couple hours after uploading my documents. Their system immediately flagged that I was an S-Corp looking to change to a calendar year, which apparently is one of the more straightforward scenarios for automatic approval. They even provided screenshots of a properly completed form for a situation similar to mine as a reference.

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Just wanted to update after trying taxr.ai for my Form 1128 situation. I was super skeptical about using an AI tool for something this specific, but wow - they actually delivered! I uploaded my incorporation docs and past returns, and they immediately identified that I qualified for automatic approval under Section 6.02 of Rev. Proc. 2006-45 since I hadn't changed my tax year in the past 48 months. The step-by-step guidance walked me through exactly which sections to complete and which to skip. They even explained that filing within 75 days of my desired new tax year wasn't required in my case - I just needed to file by the due date of my first return under the new tax year. Saved me from potentially missing the window based on incorrect advice I'd received. Definitely worth checking out if you're dealing with this form!

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If you're struggling to get answers about Form 1128 from the IRS, I totally get it. I spent WEEKS trying to reach someone who could answer my questions about changing tax years. After endless busy signals and disconnects, I found https://claimyr.com and was honestly shocked it actually worked. You can see exactly how it works in this video: https://youtu.be/_kiP6q8DX5c I finally got through to an IRS agent who confirmed I was eligible for automatic approval and explained exactly which sections of the form to complete for my S-Corp. The agent even explained that I needed to file the form by the due date of the first return that would use the new tax year, not by some arbitrary deadline before the tax year begins (which is what I incorrectly thought).

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Wait, how does this actually work? Do they just call the IRS for you? I'm confused how a service can get through when nobody else can.

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Sounds like a scam tbh. Why would I pay for something I can do myself if I just keep calling? And even if you do get through, most IRS agents give different answers to the same question anyway.

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They don't just call for you - they use a specialized system that navigates the IRS phone tree and holds your place in line. When an actual agent picks up, you get an immediate callback to connect with that agent. It's basically like having someone wait on hold for hours so you don't have to. I was definitely skeptical at first too. But after trying to get through myself for almost 3 weeks with no success, I figured it was worth a shot. The IRS is insanely understaffed and most people give up after being on hold for an hour or two. And while it's true that different agents sometimes give different answers, getting ANY official guidance was better than guessing on my own for a form this important.

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I was totally wrong about Claimyr being a scam. After struggling with my Form 1128 for weeks and getting nowhere with the IRS directly, I reluctantly tried it. Within 2 hours, I was talking to an actual IRS agent who knew exactly what I needed for changing my S-Corp from fiscal to calendar year. The agent confirmed I qualified for automatic approval and walked me through the exact sections to complete. They specifically told me to use Section 6.02 of Rev. Proc. 2006-45 and that I needed to file by the due date of my first return under the new calendar year, not before the start of that year like I thought. I literally would have filed at the wrong time without this clarification. Sometimes you just need official confirmation from the source, and this was the only way I could actually get through to the IRS.

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Something nobody's mentioned yet - make sure you're also aware of the "short year" tax return you'll need to file during the transition. For example, if your fiscal year currently ends in August and you're switching to December, you'll have a short tax period covering September 1 to December 31. The IRS can be picky about short year returns, so make sure you clearly mark it as a short-period return and attach a copy of the approved Form 1128. I made the mistake of not doing this when I changed my LLC's tax year, and it triggered a very annoying notice from the IRS questioning why my income was suddenly much lower for that period.

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Do you have to annualize income for the short year period? And does changing to a calendar year affect when estimated tax payments are due?

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Yes, you generally need to annualize your income for the short period when calculating certain limitations. This prevents businesses from manipulating deductions by changing tax years. For example, if your short period is 4 months, you'd multiply your income by 3 to annualize it to 12 months for calculating limitations. For estimated tax payments, once you change to a calendar year, you'll follow the regular quarterly estimated payment schedule (April 15, June 15, September 15, and January 15). During the transition year, it can get tricky - you'll need to make estimated payments for your short year based on the annualized income. It's definitely worth having a tax pro help with the transition year to make sure you don't underpay and trigger penalties.

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Has anyone done this without an accountant? I'm thinking about doing it myself to save money but I'm worried I'll screw something up. The form doesn't look that complicated but all the rules about when to file and automatic approval are making my head spin.

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I did it myself last year. The actual Form 1128 isn't too bad once you figure out which sections apply to you. For an S-Corp switching to a calendar year, you can skip Part II completely and focus on Part III. The trickiest part for me was figuring out which code to use in Part I, Line 1. In my case, it was code "1" since I was requesting an automatic approval change. Make sure you attach a statement explaining your business purpose for the change too - even though it's automatic approval, they still want some justification. I just said that aligning with the calendar year simplified accounting and tax preparation since all my other filing obligations were on calendar years.

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I went through this exact same situation with my S-Corp last year - had a fiscal year ending in July and wanted to switch to calendar year. The key thing that saved me was understanding that S-Corps changing from fiscal to calendar year get automatic approval under Rev. Proc. 2006-45, Section 6.02, as long as you haven't used this procedure in the past 48 months. For the timing, you need to file Form 1128 by the due date (including extensions) of the first return that would use the new tax year. So if you want to change to calendar year for 2025, you'd file the form by March 15, 2026 (or September 15 with extension). Don't get confused by the 75-day rule - that's for initial elections, not year changes. One more tip: when you file your short-year return (September-December 2025 in your case), make sure to clearly mark it as a short period return and attach a copy of your approved Form 1128. This prevents the IRS from questioning why your income looks unusually low for that period.

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