What Is a Section 444 Election?

Section 444 Election

A section 444 election shall be made by filing Form 8716, “Election to Have a Tax Year Other Than a Required Tax Year”. Except as provided in paragraphs (b) (2) and (4), Form 8716 must be filed by the earlier of. A personal service corporation that makes a section 444 election is subject to the deduction limitation.

AB Partnership 444 Election

AB partnership has used a July 31 taxable year. AB desires to retain its July 31 taxable year by making a section 444 election for its taxable year beginning August 1, 1987. If the principal purpose of the asset transfer was to create a deferral period by P2 making a section 444 election, the section 444 election shall not be given effect. Temporary Regulations section 1.444-3T(b)(4)(iii) provides a rule that extends the due date for filing Form 8752 and making the payment related to back-up section 444 elections.

Section 444 Termination

What event terminates the Section 444 election of a corporation? The section 444 election will end if the entity is penalized for willfully failing to make the payments. File Form 8716 with the Internal Revenue Service Center. Unlike partnerships and S corporations, regular C corporations may choose a fiscal year or calendar year.


  • What is the US Code 444?
  • What is section 444 election? It is made by filing Form 8716 to have a tax year other than a required tax year. A personal service corporation with a section 444 election is subject to deduction limitation.
  • AB partnership used July 31 tax year. It desires to retain it by making section 444 election for year starting August 1, 1987. The election shall not be given effect if asset transfer’s purpose was to create deferral period by election.
  • Regulations section 1.444-3T(b)(4)(iii) extends due date for filing Form 8752 and related payment for back-up 444 elections.

  • What ends corporation’s 444 election? The election will end if the entity is penalized for willfully failing to make payments. File Form 8716 with IRS Center. Unlike partnerships and S corporations, C corporations may choose fiscal or calendar year.
  • Partnership, S corporation, and personal service corporation can make 444 election for tax year other than required year by filing Form 8716. The election does not apply if the corporation establishes a business purpose for a different period.
  • A PSC with election must distribute amounts to owners by December 31 each year. If it fails, it may defer deductions for amounts paid to employees.

Section 444 Termination

  • What is Section 444 termination? The 444 error indicates connection closed by server without sending data to the client. It is an Nginx-specific error not recognized by all web servers. Server misconfiguration causes 444 errors by abruptly terminating the connection. Steps to identify 444 errors include checking server logs and config files.
  • 444 election remains until terminated, for example, if the entity liquidates or changes to the required year. Once terminated, another 444 election cannot be made. Fiscal year is 12 months ending on any month except December. Personal service corporation with a 444 election is subject to a deduction limitation.

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