Printable Form 2026

IRS Form 8716 – Election to Have a Tax Year Other Than a Required Tax Year

IRS Form 8716 – Partnerships, S corporations, and personal service corporations (PSCs) often want a fiscal year that better matches their business cycle instead of the default calendar year. IRS Form 8716 makes this possible through a Section 444 election.

This official IRS form lets eligible entities choose a tax year with up to a 3-month deferral period compared to their required tax year. Filing it correctly avoids rejection and ensures compliance with required payments or distributions.

This comprehensive guide draws directly from the current IRS Form 8716 (Rev. August 2021), the official About Form 8716 page (updated January 23, 2026), and related IRS resources. It covers eligibility, step-by-step instructions, filing deadlines, addresses, ongoing obligations, and common pitfalls.

What Is IRS Form 8716 and Why File It?

Form 8716, titled Election to Have a Tax Year Other Than a Required Tax Year, allows partnerships, S corporations, and PSCs to elect under IRC Section 444 a tax year other than their required one (usually a calendar year).

Key benefits include:

  • Aligning the tax year with natural business cycles (e.g., retailers ending September 30).
  • Up to 3 months of income deferral for owners (with required payments to the IRS to offset the benefit).

Who must use the required tax year?

  • S corporations and PSCs: Calendar year (December 31) under Sections 1378 and 441(i).
  • Partnerships: Generally the tax year of majority-interest partners (or principal partners) under Section 706(b).

A Section 444 election overrides this with strict limits. Download the official form here: IRS Form 8716 PDF.

Who Can File Form 8716? Eligibility Rules?

Eligible filers include:

  • Partnerships
  • S corporations (or C corporations electing S status)
  • Personal service corporations (PSCs) as defined in Section 441(i)(2)

Deferral period limits (critical eligibility rule):

  • New entity adopting a tax year: Deferral period ≤ 3 months.
  • Existing entity retaining its tax year: Deferral period ≤ 3 months (in certain cases).
  • Existing entity changing its tax year: Deferral period of elected year ≤ shorter of (a) 3 months or (b) deferral period of the year being changed.

Deferral period definition: Number of months between the last day of the elected tax year and the last day of the required tax year.
Example: Elected year ends September 30; required year is December 31 → 3-month deferral (allowed). October 31 end would be 2 months.

Prohibited cases:

  • Entities in disallowed tiered structures (generally anything beyond all partnerships/S corporations with identical tax years). See Temp. Reg. §1.444-2T.
  • If the entity is already on its required tax year with zero deferral.

Backup election option: S corporation filers can note a backup Section 444 election on Form 2553 if seeking business-purpose approval first.

Step-by-Step: How to Complete IRS Form 8716?

The one-page form is straightforward. Complete it as follows (per official instructions):

  1. Entity Information — Name, EIN, address.
  2. Line 1 — Check the box: Partnership / S corporation (or C electing S) / Personal service corporation (PSC).
    Tip for S corp filers: Print “Backup Election” at the top if applicable.
  3. Line 2 — Contact person’s name and phone number (IRS may call for questions).
  4. Line 3 — Ending date of the entity’s last filed return (or the year it is adopting for new entities).
  5. Line 4 — Ending date of the required tax year (December 31 for S corps/PSCs; majority-partner year for partnerships).
  6. Line 5 — Check “Adopting,” “Retaining,” or “Changing to” + enter the ending date (Month Day Year) of the first tax year the election takes effect.
  7. Signature — Must be signed under penalties of perjury by an authorized person (partner/LLC member for partnerships; president, treasurer, or equivalent for corporations).

Important: The form is invalid without a signature. Keep the IRS-stamped “Accepted” copy for your records.

When and Where to File Form 8716 (Deadlines & Addresses)?

Filing deadline (earlier of the two):

  • The 15th day of the 5th month after the month that includes the first day of the tax year the election becomes effective, or
  • The due date (without extensions) of the income tax return for that year.

Automatic 12-month extension: Under Reg. §301.9100-2, write or print “Filed Pursuant To Section 301.9100-2” at the top of Form 8716 and file within 12 months of the original due date.

Mailing addresses (current as of October 2025 IRS guidance):

  • Kansas City, MO 64999 — For principal place of business in: CT, DE, DC, GA, IL, IN, KY, ME, MD, MA, MI, NH, NJ, NY, NC, OH, PA, RI, SC, VT, VA, WV, WI.
  • Ogden, UT 84201 — For principal place of business in: AL, AK, AZ, AR, CA, CO, FL, HI, ID, IA, KS, LA, MN, MS, MO, MT, NE, NV, NM, ND, OK, OR, SD, TN, TX, UT, WA, WY.
  • Foreign entities (no U.S. principal office): Internal Revenue Service Center, P.O. Box 409101, Ogden, UT 84409.

Attach a copy to the first-year income tax return (Form 1065, 1120-S, or 1120). For e-filing the return, you may attach an unsigned version with identical information.

The IRS stamps accepted forms and returns a copy.

Ongoing Requirements After Filing

The election is permanent until properly terminated.

Partnerships & S corporations:

  • File Form 8752 (Required Payment or Refund Under Section 7519) every year by May 15 (even if payment is zero).
  • Make required payments under Section 7519 (these are non-deductible deposits, refundable later).

Personal service corporations:

  • Comply with Section 280H minimum distribution requirements to employee-owners.
  • Use Schedule H (Form 1120) to calculate limitations; attach when requirements are not met.

Termination events:

  • Willful failure to make Section 7519 payments or meet Section 280H rules.
  • Changing to required or another permitted tax year.
  • Becoming part of a disallowed tiered structure.

Once terminated, no new Section 444 election is allowed.

Common Mistakes to Avoid

  • Filing after the deadline without the automatic extension notation.
  • Choosing a deferral period longer than allowed (most common rejection reason).
  • Forgetting to attach a copy to the first-year return.
  • Incorrect signature or missing contact information.
  • Assuming the election allows unlimited deferral (capped at 3 months).

Late-filed forms are often rejected via CP287 or CP287A notices. Use the automatic 12-month extension whenever possible.

Frequently Asked Questions (FAQ)

Can Form 8716 be filed electronically?
No. The signed original must be mailed. An unsigned copy can accompany an e-filed return.

Is there a user fee?
No, unlike Form 1128 business-purpose changes.

What if my entity is new?
You can elect a year with ≤3-month deferral when adopting the initial tax year.

Does the election affect estimated tax payments?
No direct effect, but the chosen year determines when income is reported.

Where can I find prior-year forms?
See IRS Prior Year Forms page.

Final Tips for Success in 2026

Always use the latest form and instructions from IRS.gov. Consult a tax professional for complex situations involving tiered structures, S elections, or large deferrals. Retain the accepted Form 8716 indefinitely.

For the official form and instructions:
→ Download IRS Form 8716 (PDF)
→ About Form 8716
→ Where to File Form 8716

Properly completing and timely filing IRS Form 8716 gives your partnership, S corporation, or PSC valuable flexibility while staying fully compliant. Bookmark this guide and verify details on IRS.gov before filing, as addresses or procedures can update.

This article is for informational purposes only and is not tax or legal advice. Always refer to official IRS publications and consult a qualified tax advisor for your specific situation.