The revocation can specify an effective revocation date that is on or after the day the revocation is filed. ![]() An election can be revoked only with the consent of shareholders who, at the time the revocation is made, hold more than 50% of the number of issued and outstanding shares of stock (including nonvoting stock). See the line 22a instructions for details on how to figure the tax. ![]() ![]() The corporation must pay a tax for each year it has excess net passive income. The election terminates on the first day of the 1st tax year beginning after the 3rd consecutive tax year. Attach to Form 1120-S for the final year of the S corporation a statement notifying the IRS of the termination and the date it occurred.įor each of 3 consecutive tax years, the corporation (a) has accumulated earnings and profits (AE&P), and (b) derives more than 25% of its gross receipts from passive investment income as defined in section 1362(d)(3)(C). This kind of termination of an election is effective as of the day the corporation no longer meets the definition of a small business corporation. The corporation is no longer a small business corporation as defined in section 1361(b).
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