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!
32 comments


Caleb Stone
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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Daniel Price
•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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Caleb Stone
•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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Olivia Evans
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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Sophia Bennett
•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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Aiden Chen
•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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Olivia Evans
•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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Sophia Bennett
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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Zoey Bianchi
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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Christopher Morgan
•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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Aurora St.Pierre
•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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Zoey Bianchi
•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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Aurora St.Pierre
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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Grace Johnson
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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Jayden Reed
•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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Grace Johnson
•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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Nora Brooks
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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Eli Wang
•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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Yuki Ito
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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Sofía Rodríguez
This is such a common confusion! I went through the same headache with my LLC taxed as S-Corp about two years ago. The good news is that switching from fiscal to calendar year for S-Corps is actually one of the easier tax year changes because it qualifies for automatic approval. Here's what you need to know: You'll file Form 1128 by the due date of your FIRST calendar year return, not before the tax year begins. So for switching to calendar year 2025, you'd file Form 1128 by March 15, 2026 (or September 15 with extension). This is completely different from the 75-day rule that applies to new entity elections. For automatic approval, you'll use Section 6.02 of Revenue Procedure 2006-45. The main requirement is that you haven't changed your tax year using this automatic procedure within the past 48 months. Since you've been on fiscal year since 2022, you should be good to go. Pro tip: Don't forget about the short-year return you'll need to file for September-December 2025. Make sure to clearly mark it as a short period return and attach your approved Form 1128 to avoid any IRS confusion about the reduced income for that period. The form itself is pretty straightforward once you know which sections to complete. For S-Corps with automatic approval, you'll skip Part II entirely and focus on Parts I and III. Good luck!
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Jay Lincoln
•This is super helpful! I'm in almost the exact same situation as the original poster - LLC with S-Corp election stuck on a fiscal year that's making my life complicated. One quick question about the short-year return: do I need to file it right after that short period ends, or can I wait until the regular March deadline for the full calendar year return? I want to make sure I don't miss any deadlines during the transition.
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CyberSamurai
•@Jay Lincoln You ll'need to file the short-year return by its own separate deadline, not wait for the regular March deadline. For your short period September-December (2025 ,)the return would be due by March 15, 2026 - which is the same as a regular S-Corp calendar year deadline. But here s'the important part: this short-year return covers ONLY that 4-month transition period, and then you ll'file your regular 2026 calendar year return by March 15, 2027. Don t'try to combine them or wait - the IRS expects each tax period to be filed separately by its respective due date. The short-year return is actually pretty straightforward since it s'just 4 months of activity, but make sure you annualize your income for certain calculations and clearly mark it as a short period return on the form.
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Giovanni Mancini
I just went through this exact process last month and wanted to share some additional insights that might help! You're absolutely right that the IRS instructions are confusing - I felt like I needed a translator just to understand the basic requirements. A few things that weren't immediately obvious to me: First, when you file Form 1128, you're essentially requesting permission to change your tax year prospectively. So you'd still need to file your final fiscal year return (ending August 2025) by its normal due date, then file the Form 1128, and then start with your new calendar year beginning January 1, 2026. Second, even though S-Corps get automatic approval for this change, the IRS still wants to see a valid business purpose. Don't overthink this - reasons like "simplifying tax compliance," "aligning with business operations," or "coordinating with other business entities" are typically sufficient. One last tip: if you're using tax software, make sure it properly handles the short-year calculation. Some programs get confused during transition years and don't automatically annualize income for limitation purposes. I ended up having to manually adjust a few calculations to make sure everything was correct. The automatic approval process really does work smoothly once you understand the timeline. You've got this!
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Klaus Schmidt
•This is exactly the kind of detailed breakdown I was hoping to find! Thank you for clarifying the timeline - I was getting confused about whether I needed to file Form 1128 before or after my final August 2025 fiscal year return. So just to make sure I understand correctly: I'll file my August 2025 fiscal year return by its normal deadline, then file Form 1128 by the due date of my first calendar year return (March 2027), and then I'll have that short-year return for September-December 2025 due by March 2026. The business purpose requirement makes sense too. I was overthinking it and trying to come up with some complex justification, but "simplifying tax compliance" is exactly why I want to make this change. Everything else in my business runs on calendar year and having this one thing on fiscal year just creates unnecessary complexity. One follow-up question about the tax software issue you mentioned - are there any specific programs you'd recommend that handle transition years well? My current software is pretty basic and I'm worried it might not handle the short-year calculations properly.
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Malik Jenkins
•@Klaus Schmidt For tax software that handles transition years well, I d'recommend looking into ProSeries or Lacerte if you re'willing to invest in professional-grade software. They re'designed to handle complex situations like short-year returns and automatically prompt you for the necessary adjustments. If you re'looking for something more affordable, TaxAct Business has been pretty reliable in my experience with transition years. It specifically asks about short-year elections and walks you through the annualization calculations. Drake Tax is another solid mid-tier option that handles S-Corp transitions well. Whatever software you choose, I d'strongly recommend doing a test run or having someone review your short-year return before filing. The annualization requirements can be tricky, especially for things like Section 199A deductions or certain limitations that need to be calculated on an annualized basis. Even good software sometimes needs manual overrides to get these calculations right during transition periods. Also, keep detailed documentation of all your calculations and the reasoning behind your tax year change request. The IRS rarely questions automatic approval requests, but having everything documented makes the whole process much smoother if they do have questions.
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Sean Flanagan
I went through this exact same situation with my S-Corp two years ago - the confusion around Form 1128 deadlines is real! Here's what I learned after way too many hours reading IRS publications: For S-Corps changing from fiscal to calendar year, you qualify for automatic approval under Revenue Procedure 2006-45, Section 6.02. The key deadline is filing Form 1128 by the due date (including extensions) of your FIRST return under the new tax year. So if you want to switch to calendar year starting January 1, 2026, you'd file Form 1128 by March 15, 2027 (or September 15 with extension). Don't get confused by the 75-day rule that some people mention - that applies to initial entity elections with Form 2553, not tax year changes with Form 1128. The automatic approval is pretty straightforward as long as you haven't used this procedure in the past 48 months (which you haven't since you've been on fiscal year since 2022). You'll need to provide a business purpose, but something simple like "to simplify tax compliance and align with calendar year business operations" is sufficient. One thing to budget for: you'll need a short-year return covering your transition period (September 1 - December 31, 2025 in your case). This return has its own due date and requires some annualization calculations, so factor that into your planning. The form itself isn't too bad once you know you're doing automatic approval - you can skip Part II entirely and focus on Parts I and III. Good luck with the switch!
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Axel Far
•This is incredibly helpful! I'm actually in the exact same boat as the original poster - LLC with S-Corp election that somehow got stuck on a fiscal year ending in August. The timeline you've outlined makes so much more sense than what I was finding in the IRS instructions. One quick question about the short-year return: when you say it requires "annualization calculations," are we talking about complex adjustments or is this something most tax software handles automatically? I'm trying to decide whether I should attempt this myself or just bite the bullet and hire a professional for the transition year. Also, did you run into any issues with estimated tax payments during the transition period? I'm worried about getting hit with underpayment penalties since the payment schedule will be different for that short period.
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NebulaNomad
•@Axel Far The annualization calculations aren t'too complex, but they can be tricky if you re'not familiar with them. Basically, for your short period September-December (,)you ll'need to multiply certain income and deduction amounts by 3 to annualize them to a full 12-month period for calculating things like the Section 199A deduction limits, charitable contribution limits, and some other tax provisions. Most decent tax software will handle this automatically once you indicate it s'a short-year return, but I d'recommend double-checking the calculations manually or having someone review them. TurboTax Business and similar consumer programs sometimes miss these nuances, while professional software like ProSeries or Drake usually gets it right. For estimated payments during the transition, you ll'want to calculate them based on your expected annualized income for the short period. The safe harbor rules still apply - if you pay 100% of last year s'tax or (110% if your prior year AGI was over $150K ,)you should avoid penalties. During my transition year, I just calculated what my full-year liability would be if the 4-month period was representative of the whole year, then made estimated payments based on that. It s'definitely one of those situations where having a tax pro help with the first transition year can save you headaches and potential penalties down the road.
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Vince Eh
I just completed this exact process for my S-Corp last year and wanted to add a few practical tips that might help! You're definitely on the right track with Form 1128, and the automatic approval route for S-Corps switching to calendar year is pretty straightforward once you understand the timeline. One thing I wish someone had told me earlier: start gathering your documentation now, even though you won't file Form 1128 until 2026. You'll need your articles of incorporation, S-Corp election forms, and previous tax returns as supporting documents. Having these organized ahead of time made the actual filing much smoother. Also, consider setting up a separate folder or file for tracking the transition. You'll be dealing with three different tax periods during this change: your final August 2025 fiscal year return, the short-year return for September-December 2025, and then your first full calendar year return for 2026. Keeping everything organized by period helped me avoid mixing up deadlines and requirements. One last suggestion: if you're planning to do this yourself, consider at least having a tax professional review your Form 1128 before filing, even if you complete it yourself. The automatic approval process is reliable, but getting it right the first time saves you from potential delays or IRS questions later. The peace of mind was worth the consultation fee for me!
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Zoe Kyriakidou
•This is such great advice about organizing everything ahead of time! I'm just starting to research this process for my own S-Corp (also stuck with a fiscal year that's making everything unnecessarily complicated), and I hadn't thought about the fact that I'll be juggling three different tax periods during the transition. Your point about having a professional review the Form 1128 even if you complete it yourself makes a lot of sense too. I'm pretty comfortable with basic tax stuff, but this feels like one of those situations where a small mistake could cause big headaches down the road. Did you find that most tax professionals are familiar with Form 1128, or did you have to shop around to find someone who had experience with tax year changes? Also, when you mention supporting documents like articles of incorporation and S-Corp election forms, did you need certified copies or were regular copies sufficient for the Form 1128 filing?
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Chloe Wilson
•@Zoe Kyriakidou Most CPAs and enrolled agents are familiar with Form 1128, but you re'right that experience levels vary. I d'recommend asking specifically about tax year changes when you call around - some practitioners handle them regularly while others might only see one every few years. The ones who work with a lot of S-Corps tend to be most familiar with the automatic approval process under Rev. Proc. 2006-45. For the supporting documents, regular copies were fine when I filed mine. You re'not required to submit certified copies with Form 1128, and the IRS instructions don t'specify that they need to be certified. I just included clear photocopies of my articles of incorporation, Form 2553 S-Corp (election ,)and the last couple years of tax returns. Keep the originals in your files in case the IRS has questions later, but copies are sufficient for the initial filing. One more tip: when you do find a professional to review your work, ask them about the business purpose statement that goes with the form. Even though it s'automatic approval, you still need to provide a brief explanation of why you re'changing. Something like to "align tax year with business operations and simplify compliance works" perfectly fine, but having a pro confirm your wording can give you extra confidence.
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Hunter Hampton
I just went through this exact same process for my LLC with S-Corp election earlier this year, and I totally understand the confusion about Form 1128 deadlines! The IRS instructions really are written like they assume you already know what you're doing. Here's what I learned after digging through Revenue Procedure 2006-45: You qualify for automatic approval under Section 6.02 since you're switching FROM fiscal year TO calendar year as an S-Corp. The key is that you haven't used this automatic procedure in the past 48 months, which you haven't since you've been filing fiscal year since 2022. For timing, you DON'T need to file Form 1128 before your new tax year begins. Instead, you file it by the due date of your FIRST return under the new tax year. So if you want to switch to calendar year starting January 1, 2025, you'd file Form 1128 by March 15, 2026 (or September 15 with extension). The form itself is actually pretty manageable once you know you're doing automatic approval - you skip Part II entirely and focus on Parts I and III. For the business purpose, something simple like "to simplify tax compliance and align with calendar year operations" works fine. One heads up: you'll need to file a short-year return for your transition period (September 1 - December 31, 2025), which has its own deadline and requires some annualization calculations. Most tax software handles this, but it's worth double-checking those calculations. Good luck with the switch - it's definitely worth it to get everything aligned on calendar year!
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