Question

Tom, Eric and Jason share on a 25%, 45%, and 30% basis in a partnership, which reports as a calendar year end. Tom has a tax year of 3/31, Eric has a tax year of 7/31, and Jason has a tax year of 8/31. Tom and Eric with permission of the IRS change to a January 31 year end. The partnership year end:

A) Must be changed to January 31 without any approval from IRS or election of Section 444

B) Must be changed to January 31 absent a Section 444 election

C) Can be changed to the end of any month with a Sec. 444 election

D) Must remain unchanged with a year end of December 31st

Answer 1

Ans: Option D, Must remain unchanged with a year end of December 31st

The year cannot be changed as per permitted tax year under election of section 444 are as follows:

1. a calendar year

2. a tax year elected under section 444

3. A 52-53-week tax year ending with reference to the calendar year or a tax year elected under section 444.

4.Any other tax year for which the corporation establishes a business purpose.

since the condition is none of the above the year remains the same.