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In the IRS’s own words · not reviewed by VALID
CP287 notice explained, in the IRS’s own words
We denied your Form 8716, Election To Have a Tax Year Other Than a Required Tax Year PDF, because:
Read the full CP287 page on irs.gov ↗
What this notice is about
We denied your Form 8716, Election To Have a Tax Year Other Than a Required Tax Year PDF, because:
- For CP287, you’re on a taxable year ending on December 31 (a calendar year).
- For CP287A, it was filed late.
- For CP287B, you don’t meet Internal Revenue Code (IRC) Section 444 deferral period requirements.
- For CP287C, your previous IRC Section 444 election ended, and you can only make that election once.
We’ll mail your denied Form 8716 separately.
What you need to do
Continue filing your income tax return using your current tax year.
Is there another way to elect the use of a fiscal tax year?
If you’re a subchapter S corporation, you may be eligible to elect a fiscal tax year under Revenue Procedure 2006-46.
What is the due date of Form 8716?
The earlier of:
- the due date (not including extensions) of the income tax return for the tax year you chose with the (IRC) Section 444 election, or
- the 15th day of the 5th month after the month your election tax year starts. Ex: If the election starts September 5, the deadline will be February 15.
What is a "deferral period"?
The number of months between the last day of the elected tax year and the last day of the required tax year.
How often can I make an IRC Section 444 election?
You can only make that election once.
How long does an IRC Section 444 election last?
It remains in effect until:
- You change your taxable year to a required tax year,
- You change your taxable year to some other permitted year, or
- You knowingly don’t follow the rules of IRC Sections 280H or 7519.
Where can I learn more about IRC Sections?
On the Tax code, regulations and official guidance page.
Reference tools
- Publication 1, Your Rights as a Taxpayer
- Full list of tax forms and instructions
What to do next
- Write down the date on the letter today.
- Look the number up on irs.gov yourself. Don’t trust a link or phone number from anyone else.
- If it says you owe money or proposes changes to your return, take it to a licensed CPA, EA or tax attorney before that date.
Not advice. Not a filing. Verify with a licensed professional. Rules change by year and facts.