Userid: CPM Schema: tipx Leadpct: 100% Pt. size: 10
Draft Ok to Print
AH XSL/XML
Fileid: … ons/p538/202112/a/xml/cycle02/source (Init. & Date) _______
Page 1 of 22 13:49 - 14-Feb-2022
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
Department of the Treasury
Internal Revenue Service
Publication 538
(Rev. January 2022)
Cat. No. 15068G
Accounting
Periods and
Methods
Get forms and other information faster and easier at:
IRS.gov (English)
IRS.gov/Spanish (Español)
IRS.gov/Chinese (中文)
IRS.gov/Korean (한국어)
IRS.gov/Russian (Pусский)
IRS.gov/Vietnamese (Tiếng Việt)
Contents
Future Developments ....................... 1
Introduction .............................. 1
Photographs of Missing Children .............. 2
Accounting Periods ........................ 2
Calendar Year .......................... 2
Fiscal Year ............................. 3
Short Tax Year .......................... 3
Improper Tax Year ....................... 4
Change in Tax Year ...................... 4
Individuals ............................. 4
Partnerships, S Corporations, and Personal
Service Corporations (PSCs) .............. 4
Corporations (Other Than S Corporations and
PSCs) .............................. 7
Accounting Methods ....................... 7
Cash Method ........................... 8
Accrual Method ........................ 10
Inventories ............................ 13
Change in Accounting Method .............. 18
How To Get Tax Help ...................... 18
Future Developments
For the latest information about developments related to
Pub. 538, such as legislation enacted after it was
published, go to IRS.gov/Pub538.
Introduction
Every taxpayer (individuals, business entities, etc.) must
figure taxable income for an annual accounting period
called a tax year. The calendar year is the most common
tax year. Other tax years include a fiscal year and a short
tax year.
Each taxpayer must use a consistent accounting
method, which is a set of rules for determining when to re-
port income and expenses. The most commonly used ac-
counting methods are the cash method and the accrual
method.
Under the cash method, you generally report income in
the tax year you receive it, and deduct expenses in the tax
year in which you pay the expenses.
Under the accrual method, you generally report income
in the tax year you earn it, regardless of when payment is
received. You deduct expenses in the tax year you incur
them, regardless of when payment is made.
This publication explains some of the rules for ac-
counting periods and accounting methods. In
some cases, you may have to refer to other sour-
ces for a more in-depth explanation of the topic.
TIP
Feb 14, 2022
Page 2 of 22 Fileid: … ons/p538/202112/a/xml/cycle02/source 13:49 - 14-Feb-2022
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
Comments and suggestions. We welcome your com-
ments about this publication and suggestions for future
editions.
You can send us comments through IRS.gov/
FormComments. Or you can write to the Internal Revenue
Service, Tax Forms and Publications, 1111 Constitution
Ave. NW, IR-6526, Washington, DC 20224.
Although we can’t respond individually to each com-
ment received, we do appreciate your feedback and will
consider your comments and suggestions as we revise
our tax forms, instructions, and publications. Don’t send
tax questions, tax returns, or payments to the above ad-
dress.
Getting answers to your tax questions. If you have
a tax question not answered by this publication or the How
To Get Tax Help section at the end of this publication, go
to the IRS Interactive Tax Assistant page at IRS.gov/
Help/ITA where you can find topics by using the search
feature or viewing the categories listed.
Getting tax forms, instructions, and publications.
Go to IRS.gov/Forms to download current and prior-year
forms, instructions, and publications.
Ordering forms and publications. Go to IRS.gov/
OrderForms to order current forms, instructions, and pub-
lications; call 800-829-3676 to order prior-year forms and
instructions. The IRS will process your order for forms and
publications as soon as possible. Don’t resubmit requests
you’ve already sent us. You can get forms and publica-
tions faster online.
Photographs of Missing
Children
The Internal Revenue Service is a proud partner with the
National Center for Missing & Exploited Children®
(NCMEC). Photographs of missing children selected by
the Center may appear in this publication on pages that
would otherwise be blank. You can help bring these
children home by looking at the photographs and calling
1-800-THE-LOST (1-800-843-5678) if you recognize a
child.
Useful Items
You may want to see:
Publication
537 Installment Sales
541 Partnerships
542 Corporations
Form (and Instructions)
1128 Application To Adopt, Change, or Retain a Tax
Year
2553 Election by a Small Business Corporation
3115 Application for Change in Accounting Method
537
541
542
1128
2553
3115
8716 Election To Have a Tax Year Other Than a
Required Tax Year
See Ordering forms and publications, earlier, for informa-
tion about getting these publications and forms.
Accounting Periods
You must use a tax year to figure your taxable income. A
tax year is an annual accounting period for keeping re-
cords and reporting income and expenses. An annual ac-
counting period does not include a short tax year (dis-
cussed later). You can use the following tax years:
A calendar year; or
A fiscal year (including a 52-53-week tax year).
Unless you have a required tax year, you adopt a tax
year by filing your first income tax return using that tax
year. A required tax year is a tax year required under the
Internal Revenue Code or the Treasury Regulations. You
cannot adopt a tax year by merely:
Filing an application for an extension of time to file an
income tax return;
Filing an application for an employer identification
number (Form SS-4); or
Paying estimated taxes.
This section discusses:
A calendar year.
A fiscal year (including a period of 52 or 53 weeks).
A short tax year.
An improper tax year.
A change in tax year.
Special situations that apply to individuals.
Restrictions that apply to the accounting period of a
partnership, S corporation, or personal service corpo-
ration.
Special situations that apply to corporations.
Calendar Year
A calendar year is 12 consecutive months beginning on
January 1st and ending on December 31st.
If you adopt the calendar year, you must maintain your
books and records and report your income and expenses
from January 1st through December 31st of each year.
If you file your first tax return using the calendar tax
year and you later begin business as a sole proprietor, be-
come a partner in a partnership, or become a shareholder
in an S corporation, you must continue to use the calendar
year unless you obtain approval from the IRS to change it,
or are otherwise allowed to change it without IRS appro-
val. See Change in Tax Year, later.
8716
Page 2 Publication 538 (January 2022)
Page 3 of 22 Fileid: … ons/p538/202112/a/xml/cycle02/source 13:49 - 14-Feb-2022
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
Generally, anyone can adopt the calendar year. How-
ever, you must adopt the calendar year if:
You keep no books or records;
You have no annual accounting period;
Your present tax year does not qualify as a fiscal year;
or
You are required to use a calendar year by a provision
in the Internal Revenue Code or Treasury Regula-
tions.
Fiscal Year
A fiscal year is 12 consecutive months ending on the last
day of any month except December 31st. If you are al-
lowed to adopt a fiscal year, you must consistently main-
tain your books and records and report your income and
expenses using the time period adopted.
52-53-Week Tax Year
You can elect to use a 52-53-week tax year if you keep
your books and records and report your income and ex-
penses on that basis. If you make this election, your
52-53-week tax year must always end on the same day of
the week. Your 52-53-week tax year must always end on:
Whatever date this same day of the week last occurs
in a calendar month, or
Whatever date this same day of the week falls that is
nearest to the last day of the calendar month.
Election. To make the election for the 52-53-week tax
year, attach a statement with the following information to
your tax return.
1. The month in which the new 52-53-week tax year
ends.
2. The day of the week on which the tax year always
ends.
3. The date the tax year ends. It can be either of the fol-
lowing dates on which the chosen day:
a. Last occurs in the month in (1), above, or
b. Occurs nearest to the last day of the month in (1),
above.
When you figure depreciation or amortization, a
52-53-week tax year is generally considered a year of 12
calendar months.
To determine an effective date (or apply provisions of
any law) expressed in terms of tax years beginning, in-
cluding, or ending on the first or last day of a specified cal-
endar month, a 52-53-week tax year is considered to:
Begin on the first day of the calendar month beginning
nearest to the first day of the 52-53-week tax year,
and
End on the last day of the calendar month ending
nearest to the last day of the 52-53-week tax year.
Example. Assume a tax provision applies to tax years
beginning on or after July 1, which (for purposes of this
example) happens to be a Sunday. For this purpose, a
52-53-week tax year that begins on the last Tuesday of
June, which (for purposes of this example) falls on June
25, is treated as beginning on July 1.
Short Tax Year
A short tax year is a tax year of less than 12 months. A
short period tax return may be required when you (as a
taxable entity):
Are not in existence for an entire tax year, or
Change your accounting period.
Tax on a short period tax return is figured differently for
each situation.
Not in Existence Entire Year
Even if a taxable entity was not in existence for the entire
year, a tax return is required for the time it was in exis-
tence. Requirements for filing the return and figuring the
tax are generally the same as the requirements for a re-
turn for a full tax year (12 months) ending on the last day
of the short tax year.
Example 1. XYZ Corporation was organized on July
1. It elected the calendar year as its tax year. The corpora-
tion’s first tax return will cover the short period from July 1
through December 31.
Example 2. A calendar year corporation dissolved on
July 23. The corporation’s final return will cover the short
period from January 1 through July 23.
Death of individual. Although the return of the decedent
is a return for the short period beginning with the first day
of his last taxable year and ending with the date of his
death, the filing of a return and the payment of tax for the
decedent may be made as though the decedent had lived
throughout his last taxable year. The decedent’s tax return
must be filed for the decedent by the 15th day of the 4th
month after the close of the individual's regular tax year. If
the due date falls on a Saturday, Sunday, or legal holiday,
file by the next business day. The decedent's final return
will be a short period tax return that begins on January
1st, and ends on the date of death. In the case of a dece-
dent who dies on December 31st, the last day of the regu-
lar tax year, a full calendar-year tax return is required.
Figuring Tax for Short Year
If the IRS approves a change in your tax year or if you are
required to change your tax year, you must figure the tax
and file your return for the short tax period. The short tax
period begins on the first day after the close of your old
tax year and ends on the day before the first day of your
new tax year.
Figure tax for a short year under the general rule, ex-
plained below. You may then be able to use a relief
Publication 538 (January 2022) Page 3
Page 4 of 22 Fileid: … ons/p538/202112/a/xml/cycle02/source 13:49 - 14-Feb-2022
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
procedure, explained later, and claim a refund of part of
the tax you paid.
General rule. Income tax for a short tax year must be
annualized. However, self-employment tax is figured on
the actual self-employment income for the short period.
Individuals. An individual must figure income tax for
the short tax year as follows.
1. Determine your adjusted gross income (AGI) for the
short tax year and then subtract your actual itemized
deductions for the short tax year. You must itemize
deductions when you file a short period tax return.
2. Multiply the dollar amount of your exemptions by the
number of months in the short tax year and divide the
result by 12. Note. For tax years beginning after 2017
and before 2026, the dollar amount of your exemption
is zero (-0-).
3. Subtract the amount in (2) from the amount in (1). The
result is your modified taxable income.
4. Multiply the modified taxable income in (3) by 12, then
divide the result by the number of months in the short
tax year. The result is your annualized income.
5. Figure the total tax on your annualized income using
the appropriate tax rate schedule.
6. Multiply the total tax by the number of months in the
short tax year and divide the result by 12. The result is
your tax for the short tax year.
Relief procedure. You can use a relief procedure to fig-
ure the tax for the short tax year. It may result in less tax.
Under this procedure, the tax is figured by two separate
methods. If the tax figured under both methods is less
than the tax figured under the general rule, you can file a
claim for a refund of part of the tax you paid. For more in-
formation, see section 443(b)(2) of the Internal Revenue
Code and the related Treasury Regulation.
Alternative minimum tax. Individuals, to figure the al-
ternative minimum tax (AMT) due for a short tax year:
1. Figure the annualized alternative minimum taxable in-
come (AMTI) for the short tax period by completing
the following steps.
a. Multiply the AMTI by 12.
b. Divide the result by the number of months in the
short tax year.
2. Multiply the annualized AMTI by the appropriate rate
of tax under section 55(b)(1) of the Internal Revenue
Code. The result is the annualized AMT.
3. Multiply the annualized AMT by the number of months
in the short tax year and divide the result by 12.
For information on the AMT for individuals, see the In-
structions for Form 6251, Alternative Minimum Tax–Indi-
viduals.
Tax withheld from wages. You can claim a credit
against your income tax liability for federal income tax
withheld from your wages. Federal income tax is withheld
on a calendar year basis. The amount of tax withheld in
any calendar year is allowed as a credit for the tax year
beginning in the calendar year.
Improper Tax Year
Taxpayers that have adopted an improper tax year must
change to a proper tax year. For example, if a taxpayer
began business on March 15 and adopted a tax year end-
ing on March 14 (a period of exactly 12 months), this
would be an improper tax year. See Accounting Periods,
earlier, for a description of permissible tax years.
To change to a proper tax year, you must do one of the
following.
If you are requesting a change to a calendar tax year,
file an amended income tax return based on a calen-
dar tax year that corrects the most recently filed tax re-
turn that was filed on the basis of an improper tax
year. Attach a completed Form 1128 to the amended
tax return. Write “FILED UNDER REV. PROC. 85-15”
at the top of Form 1128 and file the forms with the In-
ternal Revenue Service Center where you filed your
original return.
If you are requesting a change to a fiscal tax year, file
Form 1128 in accordance with the form instructions to
request IRS approval for the change.
Change in Tax Year
Generally, you must file Form 1128 to request IRS appro-
val to change your tax year. See the Instructions for Form
1128 for exceptions. If you qualify for an automatic appro-
val request, a user fee is not required.
Individuals
Generally, individuals must adopt the calendar year as
their tax year. An individual can adopt a fiscal year if the
individual maintains his or her books and records on the
basis of the adopted fiscal year.
Partnerships,
S Corporations,
and Personal Service Corporations
(PSCs)
Generally, partnerships, S corporations (including electing
S corporations), and PSCs must use a required tax year.
A required tax year is a tax year that is required under the
Internal Revenue Code and Treasury Regulations. The
entity does not have to use the required tax year if it re-
ceives IRS approval to use another permitted tax year or
makes an election under section 444 of the Internal Reve-
nue Code (discussed later).
Page 4 Publication 538 (January 2022)
Page 5 of 22 Fileid: … ons/p538/202112/a/xml/cycle02/source 13:49 - 14-Feb-2022
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
Partnership
A partnership must conform its tax year to its partners' tax
years unless any of the following apply.
The partnership makes an election under section 444
of the Internal Revenue Code to have a tax year other
than a required tax year by filing Form 8716.
The partnership elects to use a 52-53-week tax year
that ends with reference to either its required tax year
or a tax year elected under section 444.
The partnership can establish a business purpose for
a different tax year.
The rules for the required tax year for partnerships are as
follows.
If one or more partners having the same tax year own
a majority interest (more than 50%) in partnership
profits and capital, the partnership must use the tax
year of those partners.
If there is no majority interest tax year, the partnership
must use the tax year of all its principal partners. A
principal partner is one who has a 5% or more interest
in the profits or capital of the partnership.
If there is no majority interest tax year and the princi-
pal partners do not have the same tax year, the part-
nership generally must use a tax year that results in
the least aggregate deferral of income to the partners.
If a partnership changes to a required tax year be-
cause of these rules, it can get automatic appro-
val by filing Form 1128.
Least aggregate deferral of income. The tax year that
results in the least aggregate deferral of income is deter-
mined as follows.
1. Figure the number of months of deferral for each part-
ner using one partner's tax year. Find the months of
deferral by counting the months from the end of that
tax year forward to the end of each other partner's tax
year.
2. Multiply each partner's months of deferral figured in
step (1) by that partner's share of interest in the part-
nership profits for the year used in step (1).
3. Add the amounts in step (2) to get the aggregate (to-
tal) deferral for the tax year used in step (1).
4. Repeat steps (1) through (3) for each partner's tax
year that is different from the other partners' years.
The partner's tax year that results in the lowest aggre-
gate (total) number is the tax year that must be used by
the partnership. If the calculation results in more than one
tax year qualifying as the tax year with the least aggregate
deferral, the partnership can choose any one of those tax
years as its tax year. However, if one of the tax years that
qualifies is the partnership's existing tax year, the partner-
ship must retain that tax year.
Example. A and B each have a 50% interest in part-
nership P, which uses a fiscal year ending June 30. A
TIP
uses the calendar year and B uses a fiscal year ending
November 30. P must change its tax year to a fiscal year
ending November 30 because this results in the least ag-
gregate deferral of income to the partners, as shown in the
following table.
Year End
12/31:
Year
End
Profits
Interest
Months
of
Deferral
Interest
×
Deferral
A 12/31 0.5 -0- -0-
B 11/30 0.5 11 5.5
Total Deferral .......................... 5.5
Year End
11/30:
Year
End
Profits
Interest
Months
of
Deferral
Interest
×
Deferral
A 12/31 0.5 1 0.5
B 11/30 0.5 -0- -0-
Total Deferral .......................... 0.5
When determination is made. The determination of
the tax year under the least aggregate deferral rules must
generally be made at the beginning of the partnership's
current tax year. However, the IRS can require the part-
nership to use another day or period that will more accu-
rately reflect the ownership of the partnership. This could
occur, for example, if a partnership interest was transfer-
red for the purpose of qualifying for a particular tax year.
Short period return. When a partnership changes its
tax year, a short period return must be filed. The short pe-
riod return covers the months between the end of the part-
nership's prior tax year and the beginning of its new tax
year.
If a partnership changes to the tax year resulting in the
least aggregate deferral, it must file a Form 1128 with the
short period return showing the computations used to de-
termine that tax year. The short period return must indi-
cate at the top of page 1, “FILED UNDER SECTION
1.706-1.”
More information. For more information about changing
a partnership's tax year, and information about ruling re-
quests, see the Instructions for Form 1128.
S Corporation
All S corporations, regardless of when they became an S
corporation, must use a permitted tax year. A permitted
tax year is any of the following.
The calendar year.
A tax year elected under section 444 of the Internal
Revenue Code. See Section 444 Election, below, for
details.
A 52-53-week tax year ending with reference to the
calendar year or a tax year elected under section 444.
Any other tax year for which the corporation estab-
lishes a business purpose.
If an electing S corporation wishes to adopt a tax year
other than a calendar year, it must request IRS approval
using Form 2553, instead of filing Form 1128. For
information about changing an S corporation's tax year
Publication 538 (January 2022) Page 5
Page 6 of 22 Fileid: … ons/p538/202112/a/xml/cycle02/source 13:49 - 14-Feb-2022
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
and information about ruling requests, see the Instructions
for Form 1128.
Personal Service Corporation (PSC)
A PSC must use a calendar tax year unless any of the fol-
lowing apply.
The corporation makes an election under section 444
of the Internal Revenue Code. See Section 444 Elec-
tion, below, for details.
The corporation elects to use a 52-53-week tax year
ending with reference to the calendar year or a tax
year elected under section 444.
The corporation establishes a business purpose for a
fiscal year.
See the Instructions for Form 1120 and Pub. 542 for gen-
eral information about PSCs. For information on adopting
or changing tax years for PSCs and information about rul-
ing requests, see the Instructions for Form 1128.
Section 444 Election
A partnership, S corporation, electing S corporation, or
PSC can elect under section 444 of the Internal Revenue
Code to use a tax year other than its required tax year.
Certain restrictions apply to the election. A partnership or
an S corporation that makes a section 444 election must
make certain required payments and a PSC must make
certain distributions (discussed later). The section 444
election does not apply to any partnership, S corporation,
or PSC that establishes a business purpose for a different
period, explained later.
A partnership, S corporation, or PSC can make a sec-
tion 444 election if it meets all the following requirements.
It is not a member of a tiered structure (defined in
Treasury Regulations section 1.444-2T).
It has not previously had a section 444 election in ef-
fect.
It elects a year that meets the deferral period require-
ment.
Deferral period. The determination of the deferral pe-
riod depends on whether the partnership, S corporation,
or PSC is retaining its tax year or adopting or changing its
tax year with a section 444 election.
Retaining tax year. Generally, a partnership, S cor-
poration, or PSC can make a section 444 election to retain
its tax year only if the deferral period of the new tax year is
3 months or less. This deferral period is the number of
months between the beginning of the retained year and
the close of the first required tax year.
Adopting or changing tax year. If the partnership, S
corporation, or PSC is adopting or changing to a tax year
other than its required year, the deferral period is the num-
ber of months from the end of the new tax year to the end
of the required tax year. The IRS will allow a section 444
election only if the deferral period of the new tax year is
less than the shorter of:
Three months, or
The deferral period of the tax year being changed.
This is the tax year immediately preceding the year for
which the partnership, S corporation, or PSC wishes
to make the section 444 election.
If the partnership, S corporation, or PSC's tax year is the
same as its required tax year, the deferral period is zero.
Example 1. BD Partnership uses a calendar year,
which is also its required tax year. BD cannot make a sec-
tion 444 election because the deferral period is zero.
Example 2. E, a newly formed partnership, began op-
erations on December 1. E is owned by calendar year
partners. E wants to make a section 444 election to adopt
a September 30 tax year. E's deferral period for the tax
year beginning December 1 is 3 months, the number of
months between September 30 and December 31.
Making the election. Make a section 444 election by fil-
ing Form 8716 with the Internal Revenue Service Center
where the entity will file its tax return. See the instructions
for Form 8716 for information on when to file.
Attach a copy of Form 8716 to Form 1065, Form
1120S, or Form 1120 for the first tax year for which the
election is made.
Terminating the election. The section 444 election re-
mains in effect until it is terminated. If the election is termi-
nated, another section 444 election cannot be made for
any tax year.
The election ends when any of the following applies to
the partnership, S corporation, or PSC.
The entity changes to its required tax year.
The entity liquidates.
The entity becomes a member of a tiered structure.
The IRS determines that the entity willfully failed to
comply with the required payments or distributions.
The election will also end if either of the following
events occur.
An S corporation's S election is terminated. However,
if the S corporation immediately becomes a PSC, the
PSC can continue the section 444 election of the S
corporation.
A PSC ceases to be a PSC. If the PSC elects to be an
S corporation, the S corporation can continue the
election of the PSC.
Required payment for partnership or S corporation.
A partnership or an S corporation must make a required
payment for any tax year:
The section 444 election is in effect.
The required payment for that year (or any preceding
tax year) is more than $500.
Page 6 Publication 538 (January 2022)
Page 7 of 22 Fileid: … ons/p538/202112/a/xml/cycle02/source 13:49 - 14-Feb-2022
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
This payment represents the value of the tax deferral
the owners receive by using a tax year different from the
required tax year.
Form 8752, Required Payment or Refund Under Sec-
tion 7519, must be filed each year the section 444 election
is in effect, even if no payment is due. If the required pay-
ment is more than $500 (or the required payment for any
prior year was more than $500), the payment must be
made when Form 8752 is filed. If the required payment is
$500 or less and no payment was required in a prior year,
Form 8752 must be filed showing a zero amount. See
Form 8752 and its instructions for more information.
Applicable election year. Any tax year a section 444
election is in effect, including the first year, is called an ap-
plicable election year. Form 8752 must be filed and the re-
quired payment made (or zero amount reported) by May
15th of the calendar year following the calendar year in
which the applicable election year begins.
Required distribution for PSC. A PSC with a section
444 election in effect must distribute certain amounts to
employee-owners by December 31 of each applicable
year. If it fails to make these distributions, it may be re-
quired to defer certain deductions for amounts paid to
owner-employees. The amount deferred is treated as paid
or incurred in the following tax year.
For information on the minimum distribution, see the in-
structions for Part I of Schedule H (Form 1120), Section
280H Limitations for a Personal Service Corporation
(PSC).
Back-up election. A partnership, S corporation, or PSC
can file a back-up section 444 election if it requests (or
plans to request) permission to use a business purpose
tax year, discussed later. If the request is denied, the
back-up section 444 election must be activated (if the
partnership, S corporation, or PSC otherwise qualifies).
Making back-up election. The general rules for mak-
ing a section 444 election, as discussed earlier, apply.
When filing Form 8716, type or print “BACK-UP ELEC-
TION” at the top of the form. However, if Form 8716 is
filed on or after the date Form 1128 (or Form 2553) is
filed, type or print “FORM 1128 (or FORM 2553)
BACK-UP ELECTION” at the top of Form 8716.
Activating election. A partnership or S corporation
activates its back-up election by filing the return required
and making the required payment with Form 8752. The
due date for filing Form 8752 and making the payment is
the later of the following dates.
May 15 of the calendar year following the calendar
year in which the applicable election year begins.
60 days after the partnership or S corporation has
been notified by the IRS that the business year re-
quest has been denied.
A PSC activates its back-up election by filing Form
8716 with its original or amended income tax return for the
tax year in which the election is first effective and printing
on the top of the income tax return, “ACTIVATING
BACK-UP ELECTION.”
52-53-Week Tax Year
A partnership, S corporation, or PSC can use a tax year
other than its required tax year if it elects a 52-53-week
tax year (discussed earlier) that ends with reference to ei-
ther its required tax year or a tax year elected under sec-
tion 444 (discussed earlier).
A newly formed partnership, S corporation, or PSC can
adopt a 52-53-week tax year ending with reference to ei-
ther its required tax year or a tax year elected under sec-
tion 444 without IRS approval. However, if the entity
wishes to change to a 52-53-week tax year or change
from a 52-53-week tax year that references a particular
month to a non-52-53-week tax year that ends on the last
day of that month, it must request IRS approval by filing
Form 1128.
Business Purpose Tax Year
A partnership, S corporation, or PSC establishes the busi-
ness purpose for a tax year by filing Form 1128. See the
Instructions for Form 1128 for details.
Corporations (Other Than S
Corporations and PSCs)
A new corporation establishes its tax year when it files its
first tax return. A newly reactivated corporation that has
been inactive for a number of years is treated as a new
taxpayer for the purpose of adopting a tax year. An S cor-
poration or a PSC must use the required tax year rules,
discussed earlier, to establish a tax year. Generally, a cor-
poration that wants to change its tax year must obtain ap-
proval from the IRS under either the: (a) automatic appro-
val procedures; or (b) ruling request procedures. See the
Instructions for Form 1128 for details.
Accounting Methods
An accounting method is a set of rules used to determine
when and how income and expenses are reported on your
tax return. Your accounting method includes not only your
overall method of accounting, but also the accounting
treatment you use for any material item.
You choose an accounting method when you file your
first tax return. If you later want to change your accounting
method, you must generally get IRS approval. See
Change in Accounting Method, later.
No single accounting method is required of all taxpay-
ers. You must use a system that clearly reflects your in-
come and expenses and you must maintain records that
will enable you to file a correct return. In addition to your
permanent accounting books, you must keep any other
records necessary to support the entries on your books
and tax returns.
You must use the same accounting method from year
to year. An accounting method clearly reflects income
Publication 538 (January 2022) Page 7
Page 8 of 22 Fileid: … ons/p538/202112/a/xml/cycle02/source 13:49 - 14-Feb-2022
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
only if all items of gross income and expenses are treated
the same from year to year.
If you do not regularly use an accounting method that
clearly reflects your income, your income will be refigured
under the method that, in the opinion of the IRS, does
clearly reflect income.
Methods you can use. Generally, you can figure your
taxable income under any of the following accounting
methods.
Cash method.
Accrual method.
Special methods of accounting for certain items of in-
come and expenses.
A hybrid method which combines elements of two or
more of the above accounting methods.
Special methods. This publication does not discuss
special methods of accounting for certain items of income
or expenses. For information on reporting income using
one of the long-term contract methods, see section 460 of
the Internal Revenue Code and the related regulations.
The following publications also discuss special methods
of reporting income or expenses.
Publication 225, Farmer's Tax Guide.
Publication 535, Business Expenses.
Publication 537, Installment Sales.
Publication 946, How To Depreciate Property.
Hybrid method. Generally, you can use any combi-
nation of cash, accrual, and special methods of account-
ing if the combination clearly reflects your income and you
use it consistently. However, the following restrictions ap-
ply.
If an inventory is necessary to account for your in-
come, you must use an accrual method for purchases
and sales. However, see Exception for Small Busi-
ness Taxpayers, later. Generally, you can use the
cash method for all other items of income and expen-
ses. See Inventories, later.
If you use the cash method for reporting your income,
you must use the cash method for reporting your ex-
penses.
If you use an accrual method for reporting your expen-
ses, you must use an accrual method for figuring your
income.
Any combination that includes the cash method is
treated as the cash method for purposes of section
448 of the Internal Revenue Code.
Business and personal items. You can account for
business and personal items using different accounting
methods. For example, you can determine your business
income and expenses under an accrual method, even if
you use the cash method to figure personal items.
Two or more businesses. If you operate two or more
separate and distinct businesses, you can use a different
accounting method for each business. No business is
separate and distinct, unless a complete and separate set
of books and records is maintained for each business.
Note. If you use different accounting methods to cre-
ate or shift profits or losses between businesses (for ex-
ample, through inventory adjustments, sales, purchases,
or expenses) so that income is not clearly reflected, the
businesses will not be considered separate and distinct.
Cash Method
Most individuals and many small businesses (as ex-
plained under Excluded Entities and Exceptions, later)
use the cash method of accounting. Generally, if you pro-
duce, purchase, or sell merchandise, you must keep an
inventory and use an accrual method for sales and pur-
chases of merchandise. See Inventories, later, for excep-
tions to this rule.
Income
Under the cash method, you include in your gross income
all items of income you actually or constructively received
during the tax year. If you received property and services,
you must include their fair market value (FMV) in income.
Constructive receipt. Income is constructively received
when an amount is credited to your account or made
available to you without restriction. You do not need to
have possession of it. If you authorize someone to be your
agent and receive income for you, you are considered to
have received it when your agent receives it. Income is
not constructively received if your control of its receipt is
subject to substantial restrictions or limitations.
Example. You are a calendar year taxpayer. Your
bank credited, and made available, interest to your bank
account in December 2021. You did not withdraw it or en-
ter it into your books until 2022. You must include the
amount in gross income for 2021, the year you construc-
tively received the interest income.
You cannot hold checks or postpone taking pos-
session of similar property from one tax year to
another to postpone paying tax on the income.
You must report the income in the year the property is re-
ceived or made available to you without restriction.
Expenses
Under the cash method, generally, you deduct expenses
in the tax year in which you actually pay them. This in-
cludes business expenses for which you contest liability.
However, you may not be able to deduct an expense paid
in advance. Instead, you may be required to capitalize
certain costs, as explained later under Uniform Capitaliza-
tion Rules.
Expense paid in advance. An expense you pay in ad-
vance is deductible only in the year to which it applies, un-
less the expense qualifies for the 12-month rule.
TIP
Page 8 Publication 538 (January 2022)
Page 9 of 22 Fileid: … ons/p538/202112/a/xml/cycle02/source 13:49 - 14-Feb-2022
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
Under the 12-month rule, a taxpayer is not required to
capitalize amounts paid to create certain rights or benefits
for the taxpayer that do not extend beyond the earlier of
the following.
12 months after the right or benefit begins, or
The end of the tax year after the tax year in which pay-
ment is made.
If you have not been applying the general rule (an ex-
pense paid in advance is deductible only in the year to
which it applies) and/or the 12-month rule to the expenses
you paid in advance, you must obtain approval from the
IRS before using the general rule and/or the 12-month
rule. See
Change in Accounting Method, later.
Example 1. You are a calendar year taxpayer and
pay $3,000 in 2021 for a business insurance policy that is
effective for 3 years (36 months), beginning on July 1,
2021. The general rule that an expense paid in advance is
deductible only in the year to which it applies is applicable
to this payment because the payment does not qualify for
the 12-month rule. Therefore, only $500 (6/36 x $3,000) is
deductible in 2021, $1,000 (12/36 x $3,000) is deductible
in 2022, $1,000 (12/36 x $3,000) is deductible in 2023,
and the remaining $500 is deductible in 2024.
Example 2. You are a calendar year taxpayer and
pay $10,000 on July 1, 2021, for a business insurance
policy that is effective for only 1 year beginning on July 1,
2021. The 12-month rule applies. Therefore, the full
$10,000 is deductible in 2021.
Excluded Entities
The following entities generally cannot use the cash
method, including any combination of methods that in-
cludes the cash method. (However, see Special rules for
farming businesses, later.)
A corporation (other than an S corporation). However,
see Exceptions below.
A partnership with a corporation (other than an S cor-
poration) as a partner. However, see Exceptions be-
low.
A tax shelter, as defined in section 448(d)(3).
Exceptions
The following entities can use the cash method of ac-
counting.
Any corporation or partnership, other than a tax shel-
ter, that meets the gross receipts test explained be-
low.
A qualified personal service corporation (PSC).
Gross receipts test. A corporation or partnership, other
than a tax shelter, that meets the gross receipts test can
generally use the cash method. A corporation or a part-
nership meets the test if its average annual gross receipts
for the 3 prior tax years were $26 million or less (indexed
for inflation).
Determine an entity’s average annual gross receipts
by:
1. Adding the gross receipts for the 3 prior tax years;
and
2. Dividing the total by 3.
Generally, a partnership applies the test at the partnership
level. Gross receipts for a short tax year are annualized.
Aggregation rules. Organizations that are members
of an affiliated service group or a controlled group of cor-
porations treated as a single employer for tax purposes
must aggregate their gross receipts to determine whether
the gross receipts test is met.
Change to accrual method. A corporation or part-
nership that fails to meet the gross receipts test for any tax
year cannot use the cash method and must change to an
accrual method of accounting, effective for the tax year in
which the entity fails to meet this test. The entity must file
Form 3115 to request the change. See the Instructions for
Form 3115.
Special rules for farming businesses. Generally, a
taxpayer engaged in the trade or business of farming is al-
lowed to use the cash method for its farming business.
However, certain corporations (other than S corporations)
and partnerships that have a partner that is a corporation
must use an accrual method for their farming business,
unless they meet the gross receipts test discussed above.
See chapter 2 of Pub. 225, Farmer's Tax Guide, for
more information.
Qualified Personal Service Corporation (PSC). A cor-
poration that meets the function and ownership tests be-
low is a qualified PSC and can use the cash method.
Function test. A corporation meets the function test if
at least 95% of its activities are in the performance of
services in the fields of health (including veterinary serv-
ices), law, engineering (including surveying and mapping),
architecture, accounting, actuarial science, performing
arts, or consulting.
Ownership test. A corporation meets the ownership
test if substantially all of its stock is owned, directly or indi-
rectly, at all times during the year by one or more of the
following.
1. Employees performing services for the corporation in
a field qualifying under the function test.
2. Retired employees who had performed services in
those fields.
3. The estate of an employee described in (1) or (2).
4. Any other person who acquired the stock by reason of
the death of an employee referred to in (1) or (2), but
only for the 2-year period beginning on the date of
death.
Indirect ownership is generally taken into account if the
stock is owned indirectly through one or more partner-
ships, S corporations, or qualified PSCs. Stock owned by
one of these entities is considered owned by the entity's
Publication 538 (January 2022) Page 9
Page 10 of 22 Fileid: … ons/p538/202112/a/xml/cycle02/source 13:49 - 14-Feb-2022
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
owners in proportion to their ownership interest in that en-
tity. Other forms of indirect stock ownership, such as stock
owned by family members, are generally not considered
when determining if the ownership test is met.
For purposes of the ownership test, a person is not
considered an employee of a corporation unless that per-
son performs more than minimal services for the corpora-
tion.
Change to accrual method. A corporation that fails
to meet the function test for any tax year; or fails to meet
the ownership test at any time during any tax year must
change to an accrual method of accounting, effective for
the year in which the corporation fails to meet either test.
A corporation that fails to meet the function test or the
ownership test is not treated as a qualified PSC for any
part of that tax year.
Accrual Method
Under an accrual method of accounting, you generally re-
port income in the year it is earned and deduct or capital-
ize expenses in the year incurred. The purpose of an ac-
crual method of accounting is to match income and
expenses in the correct year.
Income
Generally, you include an amount in gross income for the
tax year in which the all events test is met. This test is met
when all events have occurred which fix your right to re-
ceive the income and you can determine the amount with
reasonable accuracy. However, if you have an applicable
financial statement (AFS), you include the amount in in-
come no later than when the item of income is reported in
your applicable financial statement (AFS). This is known
as the AFS income inclusion rule, discussed next.
AFS income inclusion rule. Under this rule, you report
an amount in your gross income on the earliest of the fol-
lowing events.
When you receive payment.
When the income amount is due to you.
When you earn the income.
When title passes.
When included as revenue in your AFS if you have an
AFS.
See Regulations section 1.451-3(a)(5) for a hierarchical
list of financial statements. See Regulations section
1.451-3(b) for guidance in determining the appropriate
AFS income amount when applying the inclusion rule. If
your financial results are reported on the AFS for a group
of entities, use the group's AFS to apply the AFS income
inclusion rule. Generally, the AFS income inclusion rule is
not applicable to you if you use a special method of ac-
counting to report an item of income. See Regulations
section 1.451-3(a)(13) for examples of special methods of
accounting to which the AFS income inclusion rule gener-
ally does not apply.
AFS cost offset method. If you are required to account
for income from the sale of inventory under the AFS in-
come inclusion rule, you may be eligible to elect the AFS
cost offset method. This method allows you to reduce the
reported amount of income accelerated under this rule.
See Regulations section 1.451-3(c) for more information
on the application of this method. If you receive advance
payments for the sale of inventory, you may elect to use
the advance payment cost offset method. See Advance
Payments below.
Estimated income. If you include a reasonably estima-
ted amount in gross income and later determine the exact
amount is different, take the difference into account in the
tax year you make that determination.
Advance Payments
Generally, you report an advance payment for goods,
services, or other items as income in the year you receive
the payment. However, if you use an accrual method of
accounting, you can elect to postpone including the ad-
vance payment in income until the next year. However,
you cannot postpone including any payment beyond that
tax year.
To be eligible for the deferral method, advance pay-
ments must meet the following requirements:
Full inclusion of the payment in gross income in the
year of receipt is a permissible method of accounting;
A portion of the advance payment is included in reve-
nue in your applicable financial statement (AFS) for a
subsequent tax year, or if you do not have an AFS,
you earn a portion of the payment in a subsequent tax
year; and
You received the advance payment for goods, serv-
ices, or such other items that the Secretary has identi-
fied.
You are considered to receive an item of gross income
if you actually or constructively receive it or it is due and
payable to you.
Certain gift card sales are considered advance pay-
ments and eligible for the deferral method. Certain types
of prepayments are excluded from the definition of ad-
vance payments and are ineligible for this deferral method
such as some types of rent or insurance premiums. See
section 451(c)(B) for exclusions to the term “advance pay-
ment.”
See section 451(c) and Regulations section 1.451-8 for
more information.
How to report payments. Generally, include an ad-
vance payment in income in the year in which you receive
it. However, you may use the deferral method described
above for qualifying advance payments.
Deferral method with AFS. Any advance payment
you include in gross receipts on your tax return must be
included no later than when the income is included on an
Page 10 Publication 538 (January 2022)
Page 11 of 22 Fileid: … ons/p538/202112/a/xml/cycle02/source 13:49 - 14-Feb-2022
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
AFS (or other financial statement specified by the IRS in
the year of receipt). The remaining portion of the advance
payment is included as gross income for the subsequent
tax year independent of how it is treated on your AFS.
Non-AFS deferral method. If you do not have an
AFS and elect to use this deferral method, you must in-
clude the advance payment in gross income in the year
received, to the extent you have earned the amount. The
remaining portion of the advance payment is included in
gross income in the subsequent tax year.
IRS approval. The election to defer advance payments
is effective for the tax year that it is first made and for all
subsequent tax years unless you receive consent to re-
voke the election. You must file Form 3115 to obtain IRS
approval to change your method of accounting for ad-
vance payment for services. See Form 3115 and the In-
structions for Form 3115.
Acceleration of advance payments. If you have elec-
ted the deferral method for advance payments, certain
conditions may occur that require you to accelerate inclu-
sion of the advance payments into gross income. Exam-
ples include if you cease to exist, or if your obligation for
the advance payment is satisfied. See Regulations sec-
tions 1.451-8(c)(4) and 1.451-8(d).
Advance Payment Cost Offset Method
If you receive advance payments for the sale of inventory,
you may elect to use the advance payment cost offset
method. If elected, this method of accounting applies to all
advance payments received in your trade or business that
satisfy the criteria. See Regulations section 1.451-8(e) for
the criteria and other information related to this optional
cost offset method.
Specified Goods Exception
The specified goods exception is for a taxpayer that re-
ceives prepayments but does not deliver the good for sev-
eral years in the future. This exclusion applies if you re-
quire a customer to make an upfront payment under a
contract in which all the following apply:
1. The contracted delivery month and year of the good
occurs at least 2 tax years after an upfront payment;
2. You do not have the good or a substantially similar
good on hand at the end of the year the upfront pay-
ment is received; and
3. You recognized all of the revenue from the sale of the
good in your AFS in the year of delivery.
See Regulations section 1.451-8(f).
How to report payments. If you receive a prepayment
that satisfies the specified goods exception, it is excluded
from the treatment afforded to advance payments and in-
stead is analyzed under sections 451(a) and (b), including
the all events test and existing case laws that address the
all events test. Under this analysis, the prepayment could
be includible in the year of receipt.
If you are subject to this exception, you have the option
to treat upfront payments that satisfy the criteria for the
specified good exception as a typical advance payment
under section 451(c). Under section 451(c), the advance
payment is included in gross income under the full inclu-
sion method or the 1-year deferral method.
Expenses
Under an accrual method of accounting, you generally de-
duct or capitalize a business expense when both the fol-
lowing apply.
1. The all-events test has been met. The test is met
when:
a. All events have occurred that fix the fact of liability,
and
b. The liability can be determined with reasonable
accuracy.
2. Economic performance has occurred.
Economic Performance
Generally, you cannot deduct or capitalize a business ex-
pense until economic performance occurs. If your ex-
pense is for property or services provided to you, or for
your use of property, economic performance occurs as
the property or services are provided or the property is
used. If your expense is for property or services you pro-
vide to others, economic performance occurs as you pro-
vide the property or services.
Example. You are a calendar year taxpayer. You buy
office supplies in December 2020. You receive the sup-
plies and the bill in December, but you pay the bill in Janu-
ary 2021. You can deduct the expense in 2020 because
all events have occurred to fix the liability, the amount of
the liability can be determined, and economic perform-
ance occurred in 2020.
Your office supplies may qualify as a recurring item,
discussed later. If so, you can deduct them in 2020, even
if the supplies are not delivered until 2021 (when eco-
nomic performance occurs).
Workers' compensation and tort liability. If you are
required to make payments under workers' compensation
laws or in satisfaction of any tort liability, economic per-
formance occurs as you make the payments. If you are re-
quired to make payments to a special designated settle-
ment fund established by court order for a tort liability,
economic performance occurs as you make the pay-
ments.
Taxes. Economic performance generally occurs as esti-
mated income tax, property taxes, employment taxes, etc.
are paid. However, you can elect to treat taxes as a recur-
ring item, discussed later. You can also elect to ratably ac-
crue real estate taxes. See chapter 5 of Pub. 535 for infor-
mation about real estate taxes.
Publication 538 (January 2022) Page 11
Page 12 of 22 Fileid: … ons/p538/202112/a/xml/cycle02/source 13:49 - 14-Feb-2022
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
Other liabilities. Other liabilities for which economic
performance occurs as you make payments include liabili-
ties for breach of contract (to the extent of incidental, con-
sequential, and liquidated damages), violation of law, re-
bates and refunds, awards, prizes, jackpots, insurance,
and warranty and service contracts.
Interest. Economic performance occurs with the pas-
sage of time (as the borrower uses, and the lender for-
goes use of, the lender's money) rather than as payments
are made.
Compensation for services. Generally, economic per-
formance occurs as an employee renders service to the
employer. However, deductions for compensation or other
benefits paid to an employee in a year subsequent to eco-
nomic performance are subject to the rules governing de-
ferred compensation, deferred benefits, and funded wel-
fare benefit plans. For information on employee benefit
programs, see Pub. 15-B, Employer's Tax Guide to Fringe
Benefits.
Vacation pay. You can take a current deduction for
vacation pay earned by your employees if you pay it dur-
ing the year or, if the amount is vested, within 2
1
/2 months
after the end of the year. If you pay it later than this, you
must deduct it in the year actually paid. An amount is ves-
ted if your right to it cannot be nullified or cancelled.
Exception for recurring items. An exception to the
economic performance rule allows certain recurring items
to be treated as incurred during the tax year even though
economic performance has not occurred. The exception
applies if all the following requirements are met.
1. The all-events test, discussed earlier, is met.
2. Economic performance occurs by the earlier of the
following dates.
a. 8
1
/2 months after the close of the year.
b. The date you file a timely return (including exten-
sions) for the year.
3. The item is recurring in nature and you consistently
treat similar items as incurred in the tax year in which
the all-events test is met.
4. Either:
a. The item is not material, or
b. Accruing the item in the year in which the
all-events test is met results in a better match
against income than accruing the item in the year
of economic performance.
This exception does not apply to workers' compensation
or tort liabilities.
Amended return. You may be able to file an amen-
ded return and treat a liability as incurred under the recur-
ring item exception. You can do so if economic perform-
ance for the liability occurs after you file your tax return for
the year, but within 8
1
/2 months after the close of the tax
year.
Recurrence and consistency. To determine
whether an item is recurring and consistently reported,
consider the frequency with which the item and similar
items are incurred (or expected to be incurred) and how
you report these items for tax purposes. A new expense
or an expense not incurred every year can be treated as
recurring if it is reasonable to expect that it will be incurred
regularly in the future.
Materiality. Factors to consider in determining the
materiality of a recurring item include the size of the item
(both in absolute terms and in relation to your income and
other expenses) and the treatment of the item on your fi-
nancial statements.
An item considered material for financial statement pur-
poses is also considered material for tax purposes. How-
ever, in certain situations an immaterial item for financial
accounting purposes is treated as material for purposes of
economic performance.
Matching expenses with income. Costs directly as-
sociated with the revenue of a period are properly alloca-
ble to that period. To determine whether the accrual of an
expense in a particular year results in a better match with
the income to which it relates, generally accepted ac-
counting principles (GAAP) are an important factor.
For example, if you report sales income in the year of
sale, but you do not ship the goods until the following
year, the shipping costs are more properly matched to in-
come in the year of sale than the year the goods are ship-
ped. Expenses that cannot be practically associated with
income of a particular period, such as advertising costs,
should be assigned to the period the costs are incurred.
However, the matching requirement is considered met for
certain types of expenses. These expenses include taxes,
payments under insurance, warranty, and service con-
tracts, rebates, refunds, awards, prizes, and jackpots.
Expenses Paid in Advance
An expense you pay in advance is deductible only in the
year to which it applies, unless the expense qualifies for
the 12-month rule. Under the 12-month rule, a taxpayer is
not required to capitalize amounts paid to create certain
rights or benefits for the taxpayer that do not extend be-
yond the earlier of the following.
12 months after the right or benefit begins, or
The end of the tax year after the tax year in which pay-
ment is made.
If you have not been applying the general rule (an ex-
pense paid in advance is deductible only in the year to
which it applies) and/or the 12-month rule to the expenses
you paid in advance, you must get IRS approval before
using the general rule and/or the 12-month rule. See
Change in Accounting Method, later, for information on
how to get IRS approval. See Expense paid in advance
under Cash Method, earlier, for examples illustrating the
application of the general and 12-month rules.
Page 12 Publication 538 (January 2022)
Page 13 of 22 Fileid: … ons/p538/202112/a/xml/cycle02/source 13:49 - 14-Feb-2022
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
Related Persons
Business expenses and interest owed to a related person
who uses the cash method of accounting are not deducti-
ble until you make the payment and the corresponding
amount is includible in the related person's gross income.
Determine the relationship for this rule as of the end of the
tax year for which the expense or interest would otherwise
be deductible. See section 267 of the Internal Revenue
Code for the definition of related person.
Inventories
An inventory is necessary to clearly show income when
the production, purchase, or sale of merchandise is an in-
come-producing factor. If you must account for an inven-
tory in your business, you must use an accrual method of
accounting for your purchases and sales. However, see
Exception for Small Business Taxpayers, below. Also, see
Accrual Method, earlier.
To figure taxable income, you must value your inven-
tory at the beginning and end of each tax year. To deter-
mine the value, you need a method for identifying the
items in your inventory and a method for valuing these
items. See Identifying Cost and Valuing Inventory, later.
The rules for valuing inventory are not the same for all
businesses. The method you use must conform to gener-
ally accepted accounting principles for similar businesses
and must clearly reflect income. Your inventory practices
must be consistent from year to year.
The rules discussed here apply only if they do not
conflict with the uniform capitalization rules of
section 263A and the mark-to-market rules of sec-
tion 475.
Exception for Small Business Taxpayers
If you are a small business taxpayer (defined below), you
can choose not to keep an inventory, but you must still
use a method of accounting for inventory that clearly re-
flects income. A small business taxpayer can account for
inventory by (a) treating the inventory as non-incidental
materials and supplies, or (b) conforming to its treatment
of inventory in an applicable financial statement (as de-
fined in section 451(b)(3)). If it does not have an applica-
ble financial statement, it can use the method of account-
ing used in its books and records prepared according to
its accounting procedures. See Regulations section
1.471-1(b). If, however, you choose to keep an inventory,
you generally must use an accrual method of accounting
and value the inventory each year to determine your cost
of goods sold.
Small business taxpayer. You qualify as a small busi-
ness taxpayer if you:
Have average annual gross receipts of $26 million or
less (indexed for inflation) for the 3 prior tax years, and
Are not a tax shelter (as defined in section 448(d)(3)).
CAUTION
!
If your business has not been in existence for all of the
3 tax-year period used in figuring average gross receipts,
base your average on the period it has existed. If your
business has a predecessor entity, include the gross re-
ceipts of the predecessor entity from the 3 tax-year period
when figuring average gross receipts. If your business (or
predecessor entity) had short tax years for any of the 3
tax-year period, annualize your business’s gross receipts
for the short tax years that are part of the 3 tax-year pe-
riod.
Changing your method of accounting for inventory.
If you want to change your method of accounting for in-
ventory, you must file Form 3115. See the Instructions for
Form 3115.
Items Included in Inventory
Your inventory should include all of the following.
Merchandise or stock in trade.
Raw materials.
Work in process.
Finished products.
Supplies that physically become a part of the item in-
tended for sale.
Merchandise. Include the following merchandise in in-
ventory.
Purchased merchandise if title has passed to you,
even if the merchandise is in transit or you do not have
physical possession for another reason.
Goods under contract for sale that you have not yet
segregated and applied to the contract.
Goods out on consignment.
Goods held for sale in display rooms, merchandise
mart rooms, or booths located away from your place
of business.
C.O.D. mail sales. If you sell merchandise by mail
and intend payment and delivery to happen at the same
time, title passes when payment is made. Include the mer-
chandise in your closing inventory until the buyer pays for
it.
Containers. Containers such as kegs, bottles, and
cases, regardless of whether they are on hand or returna-
ble, should be included in inventory if title has not passed
to the buyer of the contents. If title has passed to the
buyer, exclude the containers from inventory. Under cer-
tain circumstances, some containers can be depreciated.
See Pub. 946.
Merchandise not included. Do not include the fol-
lowing merchandise in inventory.
Goods you have sold, but only if title has passed to
the buyer.
Goods consigned to you.
Publication 538 (January 2022) Page 13
Page 14 of 22 Fileid: … ons/p538/202112/a/xml/cycle02/source 13:49 - 14-Feb-2022
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
Goods ordered for future delivery if you do not yet
have title.
Assets. Do not include the following in inventory.
Land, buildings, and equipment used in your busi-
ness.
Notes, accounts receivable, and similar assets.
Real estate held for sale by a real estate dealer in the
ordinary course of business.
Supplies that do not physically become part of the
item intended for sale.
Special rules apply to the cost of inventory or
property imported from a related person. See the
regulations under section 1059A of the Internal
Revenue Code.
Identifying Cost
You can use any of the following methods to identify the
cost of items in inventory.
Specific Identification Method
Use the specific identification method when you can iden-
tify and match the actual cost to the items in inventory.
Use the FIFO or LIFO method, explained next, if:
You cannot specifically identify items with their costs,
or
The same type of goods are intermingled in your in-
ventory and they cannot be identified with specific in-
voices.
FIFO Method
The FIFO (first-in first-out) method assumes the items you
purchased or produced first are the first items you sold,
consumed, or otherwise disposed of. The items in inven-
tory at the end of the tax year are matched with the costs
of similar items that you most recently purchased or pro-
duced.
LIFO Method
The LIFO (last-in first-out) method assumes the items of
inventory you purchased or produced last are the first
items you sold, consumed, or otherwise disposed of.
Items included in closing inventory are considered to be
from the opening inventory in the order of acquisition and
from those acquired during the tax year.
LIFO rules. The rules for using the LIFO method are
very complex. Two are discussed briefly here. For more
information on these and other LIFO rules, see sections
472 through 474 of the Internal Revenue Code and the re-
lated income tax regulations.
Dollar-value method. Under the dollar-value method
of pricing LIFO inventories, goods and products must be
CAUTION
!
grouped into one or more pools (classes of items), de-
pending on the kinds of goods or products in the invento-
ries. See Regulations section 1.472-8.
Simplified dollar-value method. Under this method,
you establish multiple inventory pools in general catego-
ries from appropriate government price indexes. You then
use changes in the price index to estimate the annual
change in price for inventory items in the pools.
An eligible small business (average annual gross re-
ceipts of $5 million or less for the 3 preceding tax years)
can elect the simplified dollar-value LIFO method. See
section 474(c).
Taxpayers who cannot use the method under section
474 should see Regulations section 1.472-8(e)(3) for a
similar simplified dollar-value method.
Adopting LIFO method. File Form 970, Application To
Use LIFO Inventory Method, or a statement with all the in-
formation required on Form 970 to adopt the LIFO
method. You must file the form (or the statement) with
your timely filed tax return for the year in which you first
use LIFO.
Differences Between
FIFO and LIFO
Each method produces different income results, depend-
ing on the trend of price levels at the time. In times of infla-
tion, when prices are rising, LIFO will produce a larger
cost of goods sold and a lower closing inventory. Under
FIFO, the cost of goods sold will be lower and the closing
inventory will be higher. However, in times of falling pri-
ces, the opposite will hold.
Valuing Inventory
The value of your inventory is a major factor in figuring
your taxable income. The method you use to value the in-
ventory is very important.
The following methods, described below, are those
generally available for valuing inventory.
Cost.
Lower of cost or market.
Retail.
Goods that cannot be sold. These are goods you can-
not sell at normal prices or they are unusable in the usual
way because of damage, imperfections, shop wear,
changes of style, odd or broken lots, or other similar cau-
ses. You should value these goods at their bona fide sell-
ing price minus direct cost of disposition, no matter which
method you use to value the rest of your inventory. If
these goods consist of raw materials or partly finished
goods held for use or consumption, you must value them
on a reasonable basis, considering their usability and con-
dition. Do not value them for less than scrap value. For
more information, see Regulations section 1.471-2(c).
Page 14 Publication 538 (January 2022)
Page 15 of 22 Fileid: … ons/p538/202112/a/xml/cycle02/source 13:49 - 14-Feb-2022
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
Cost Method
To properly value your inventory at cost, you must include
all direct and indirect costs associated with it. The follow-
ing rules apply.
For merchandise on hand at the beginning of the tax
year, cost means the ending inventory price of the
goods.
For merchandise purchased during the year, cost
means the invoice price minus appropriate discounts
plus transportation or other charges incurred in acquir-
ing the goods. It can also include other costs that have
to be capitalized under the uniform capitalization rules
of section 263A of the Internal Revenue Code.
For merchandise produced during the year, cost
means all direct and indirect costs that have to be
capitalized under the uniform capitalization rules.
Discounts. A trade discount is a discount allowed re-
gardless of when the payment is made. Generally, it is for
volume or quantity purchases. You must reduce the cost
of inventory by a trade (or quantity) discount.
A cash discount is a reduction in the invoice or pur-
chase price for paying within a prescribed time period.
You can choose either to deduct cash discounts or in-
clude them in income, but you must treat them consis-
tently from year to year.
Lower of Cost or Market Method
Under the lower of cost or market method, compare the
market value of each item on hand on the inventory date
with its cost and use the lower of the two as its inventory
value.
This method applies to the following.
Goods purchased and on hand.
The basic elements of cost (direct materials, direct la-
bor, and certain indirect costs) of goods being manu-
factured and finished goods on hand.
This method does not apply to the following. They must
be inventoried at cost.
Goods on hand or being manufactured for delivery at
a fixed price on a firm sales contract (that is, not le-
gally subject to cancellation by either you or the
buyer).
Goods accounted for under the LIFO method.
Example. Under the lower of cost or market method,
the following items would be valued at $600 in closing in-
ventory.
Item Cost Market Lower
R .................. $300 $500 $300
S .................. 200 100 100
T .................. 450 200 200
Total ................ $950 $800 $600
You must value each item in the inventory separately.
You cannot value the entire inventory at cost ($950) and
at market ($800) and then use the lower of the two figures.
Market value. Under ordinary circumstances for normal
goods, market value means the usual bid price on the
date of inventory. This price is based on the volume of
merchandise you usually buy. For example, if you buy
items in small lots at $10 an item and a competitor buys
identical items in larger lots at $8.50 an item, your usual
market price will be higher than your competitor's.
Lower than market. When you offer merchandise for
sale at a price lower than market in the normal course of
business, you can value the inventory at the lower price,
minus the direct cost of disposition. Determine these pri-
ces from the actual sales for a reasonable period before
and after the date of your inventory. Prices that vary mate-
rially from the actual prices will not be accepted as reflect-
ing the market.
No market exists. If no market exists, or if quotations
are nominal because of an inactive market, you must use
the best available evidence of fair market price on the
date or dates nearest your inventory date. This evidence
could include the following items.
Specific purchases or sales you or others made in
reasonable volume and in good faith.
Compensation amounts paid for cancellation of con-
tracts for purchase commitments.
Retail Method
Under the retail method, the total retail selling price of
goods on hand at the end of the tax year in each depart-
ment or of each class of goods is reduced to approximate
cost by using an average markup expressed as a percent-
age of the total retail selling price.
To figure the average markup, apply the following steps
in order.
1. Add the total of the retail selling prices of the goods in
the opening inventory and the retail selling prices of
the goods you bought during the year (adjusted for all
markups and markdowns).
2. Subtract from the total in (1) the cost of goods inclu-
ded in the opening inventory plus the cost of goods
you bought during the year.
3. Divide the balance in (2) by the total selling price in
(1). The result is the average markup percentage.
Then determine the approximate cost in three steps.
1. Subtract the sales at retail from the total retail selling
price. The result is the closing inventory at retail.
2. Multiply the closing inventory at retail by the average
markup percentage. The result is the markup in clos-
ing inventory.
Publication 538 (January 2022) Page 15
Page 16 of 22 Fileid: … ons/p538/202112/a/xml/cycle02/source 13:49 - 14-Feb-2022
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
3. Subtract the markup in (2) from the closing inventory
at retail. The result is the approximate closing
inventory at cost.
Closing inventory. The following example shows how
to figure your closing inventory using the retail method.
Example. Your records show the following information
on the last day of your tax year.
Retail
Item Cost Value
Opening inventory .............. $52,000 $60,000
Purchases ................... 53,000 78,500
Sales ...................... 98,000
Markups .................... 2,000
Markdowns .................. 500
Using the retail method, determine your closing inven-
tory as follows.
Retail
Item Cost Value
Opening inventory .............. $52,000 $60,000
Plus: Purchases ............... 53,000 78,500
Net markups
($2,000 − $500 markdowns) ....... 1,500
Total ...................... $105,000 $140,000
Minus: Sales .......................... 98,000
Closing inventory at retail .................. $42,000
Minus: Markup* (.25 × $42,000) .............. 10,500
Closing inventory at cost .................. $31,500
* See Markup percentage, next, for an explanation of how the markup
percentage (25%) was figured for this example.
Markup percentage. The markup ($35,000) is the
difference between cost ($105,000) and the retail value
($140,000). Divide the markup by the total retail value to
get the markup percentage (25%). You cannot use arbi-
trary standard percentages of purchase markup to deter-
mine markup. You must determine it as accurately as pos-
sible from department records for the period covered by
your tax return.
Markdowns. When determining the retail selling price
of goods on hand at the end of the year, markdowns are
recognized only if the goods were offered to the public at
the reduced price. Markdowns not based on an actual re-
duction of retail sales price, such as those based on de-
preciation and obsolescence, are not allowed.
Retail method with LIFO. If you use LIFO with the retail
method, you must adjust your retail selling prices for
markdowns as well as markups.
Price index. If you are using the retail method and LIFO,
adjust the inventory value, determined using the retail
method, at the end of the year to reflect price changes
since the close of the preceding year. Generally, to make
this adjustment, you must develop your own retail price in-
dex based on an analysis of your own data under a
method acceptable to the IRS. However, a department
store using LIFO that offers a full line of merchandise for
sale can use an inventory price index provided by the Bu-
reau of Labor Statistics. Other sellers can use this index if
they can demonstrate the index is accurate, reliable, and
suitable for their use.
Retail method without LIFO. If you do not use LIFO
and have been determining your inventory under the retail
method except that, to approximate the lower of cost or
market, you have followed the consistent practice of ad-
justing the retail selling prices of goods for markups (but
not markdowns), you can continue that practice. The ad-
justments must be bona fide, consistent, and uniform and
you must also exclude markups made to cancel or correct
markdowns. The markups you include must be reduced
by markdowns made to cancel or correct the markups.
If you do not use LIFO and you previously determined
inventories without eliminating markdowns in making ad-
justments to retail selling prices, you can continue this
practice only if you first get IRS approval. You can adopt
and use this practice on the first tax return you file for the
business, subject to IRS approval on examination of your
tax return.
Figuring income tax. Resellers who use the retail
method of pricing inventories can determine their tax on
that basis.
To use this method, you must do all of the following.
State that you are using the retail method on your tax
return.
Keep accurate records.
Use this method each year unless the IRS allows you
to change to another method.
You must keep records for each separate department
or class of goods carrying different percentages of gross
profit. Purchase records should show the firm name, date
of invoice, invoice cost, and retail selling price. You should
also keep records of the respective departmental or class
accumulation of all purchases, markdowns, sales, stock,
etc.
Perpetual or Book Inventory
You can figure the cost of goods on hand by either a per-
petual or book inventory if inventory is kept by following
sound accounting practices. Inventory accounts must be
charged with the actual cost of goods purchased or pro-
duced and credited with the value of goods used, transfer-
red, or sold. Credits must be determined on the basis of
the actual cost of goods acquired during the year and their
inventory value at the beginning of the tax year.
Physical inventory. You must take a physical inventory
at reasonable intervals and the book amount for inventory
must be adjusted to agree with the actual inventory.
Loss of Inventory
You claim a casualty or theft loss of inventory, including
items you hold for sale to customers, through the increase
in the cost of goods sold by properly reporting your
Page 16 Publication 538 (January 2022)
Page 17 of 22 Fileid: … ons/p538/202112/a/xml/cycle02/source 13:49 - 14-Feb-2022
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
opening and closing inventories. You cannot claim the
loss again as a casualty or theft loss. Any insurance or
other reimbursement you receive for the loss is taxable.
You can choose to claim the loss separately as a casu-
alty or theft loss. If you claim the loss separately, adjust
opening inventory or purchases to eliminate the loss items
and avoid counting the loss twice.
If you claim the loss separately, reduce the loss by the
reimbursement you receive or expect to receive. If you do
not receive the reimbursement by the end of the year, you
cannot claim a loss for any amounts you reasonably ex-
pect to recover.
Forgiveness of indebtedness by creditors or suppli-
ers. If your creditors or suppliers forgive part of what you
owe them because of your inventory loss, this amount is
treated as taxable income.
Disaster loss. If your inventory loss is due to a disaster
in an area determined by the President of the United
States to be eligible for federal assistance, you can
choose to deduct the loss on your return for the immedi-
ately preceding year. However, you must also decrease
your opening inventory for the year of the loss so the loss
will not show up again in inventory.
Uniform Capitalization Rules
Under the uniform capitalization rules, you must capitalize
the direct costs and part of the indirect costs for produc-
tion or resale activities. Include these costs in the basis of
property you produce or acquire for resale, rather than
claiming them as a current deduction. You recover the
costs through depreciation, amortization, or cost of goods
sold when you use, sell, or otherwise dispose of the prop-
erty.
Special uniform capitalization rules apply to a
farming business. See chapter 6 in Pub. 225.
Activities subject to the rules. You are subject to the
uniform capitalization rules if you do any of the following,
unless the property is produced for your use other than in
a trade or business or an activity carried on for profit.
Produce real or tangible personal property.
Acquire property for resale. However, see the excep-
tion for certain small taxpayers, discussed later.
Producing property. You produce property if you
construct, build, install, manufacture, develop, improve,
create, raise, or grow the property. Property produced for
you under a contract is treated as produced by you to the
extent you make payments or otherwise incur costs in
connection with the property.
Tangible personal property. Tangible personal
property includes films, sound recordings, video tapes,
books, artwork, photographs, or similar property contain-
ing words, ideas, concepts, images, or sounds. However,
CAUTION
!
freelance authors, photographers, and artists are exempt
from the uniform capitalization rules if they qualify.
Exceptions. The uniform capitalization rules do not apply
to the following.
A small business taxpayer that meets the gross re-
ceipts test under section 448(c) and that is not a tax
shelter.
Property produced to use as personal or nonbusiness
property or for uses not connected with a trade or
business or an activity conducted for profit.
Research and experimental expenditures deductible
under section 174.
Intangible drilling and development costs of oil and
gas or geothermal wells or any amortization deduction
allowable under section 59(e) for intangible drilling,
development, or mining exploration expenditures.
Property produced under a long-term contract, except
for certain home construction contracts. See section
460(e).
Timber and certain ornamental trees raised, harves-
ted, or grown, and the underlying land.
Qualified creative expenses paid or incurred as a free-
lance (self-employed) writer, photographer, or artist
that are otherwise deductible on your tax return.
Costs allocable to natural gas acquired for resale to
the extent these costs would otherwise be allocable to
cushion gas stored underground.
Property produced if substantial construction occurred
before March 1, 1986.
Property provided to customers in connection with
providing services. It must be de minimus in amount
and not be included in inventory in the hands of the
service provider.
Loan origination.
The costs of certain producers who use a simplified
production method and whose total indirect costs are
$200,000 or less. See Regulations section
1.263A-2(b)(3)(iv) for more information.
Qualified creative expenses. Qualified creative ex-
penses are expenses paid or incurred by a freelance
(self-employed) writer, photographer, or artist whose per-
sonal efforts create (or can reasonably be expected to
create) certain properties. These expenses do not include
expenses related to printing, photographic plates, motion
picture films, video tapes, or similar items.
These individuals are defined as follows.
A writer is an individual who creates a literary manu-
script, a musical composition (including any accompa-
nying words), or a dance score.
A photographer is an individual who creates a photo-
graph or photographic negative or transparency.
An artist is an individual who creates a picture, paint-
ing, sculpture, statue, etching, drawing, cartoon,
graphic design, or original print item. The originality
Publication 538 (January 2022) Page 17
Page 18 of 22 Fileid: … ons/p538/202112/a/xml/cycle02/source 13:49 - 14-Feb-2022
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
and uniqueness of the item created and the predomi-
nance of aesthetic value over utilitarian value of the
item created are taken into account.
Personal service corporation. The exemption for
writers, photographers, and artists also applies to an ex-
pense of a personal service corporation that directly re-
lates to the activities of the qualified employee-owner. A
qualified employee-owner is a writer, photographer, or ar-
tist who owns, with certain members of his or her family,
substantially all the stock of the corporation.
Inventories. If you must adopt the uniform capitalization
rules, revalue the items or costs included in beginning in-
ventory for the year of change as if the capitalization rules
had been in effect for all prior periods. When revaluing in-
ventory costs, the capitalization rules apply to all inventory
costs accumulated in prior periods. An adjustment is re-
quired under section 481(a). It is the difference between
the original value of the inventory and the revalued inven-
tory.
If you must capitalize costs for production and resale
activities, you are required to make this change. If you
make the change for the first tax year you are subject to
the uniform capitalization rules, it is an automatic change
of accounting method that does not need IRS approval.
Otherwise, IRS approval is required to make the change.
Change in
Accounting Method
Generally, you can choose any permitted accounting
method when you file your first tax return. You do not need
to obtain IRS approval to choose the initial accounting
method. You must, however, use the method consistently
from year to year and it must clearly reflect your income.
See Accounting Methods, earlier.
Once you have set up your accounting method and
filed your first return, generally, you must receive approval
from the IRS before you change the method. A change in
your accounting method includes a change not only in
your overall system of accounting but also in the treatment
of any material item. A material item is one that affects the
proper time for inclusion of income or allowance of a de-
duction. Although an accounting method can exist without
treating an item consistently, an accounting method is not
established for that item, in most cases, unless the item is
treated consistently.
Approval required. The following are examples of
changes in accounting method that require IRS approval.
A change from the cash method to an accrual method
or vice versa.
A change in the method or basis used to value inven-
tory.
A change in the depreciation or amortization method
(except for certain permitted changes to the
straight-line method).
A change involving the adoption, use, or discontinu-
ance of any other specialized method of computing
taxable income.
A change where the Internal Revenue Code and
Treasury Regulations specifically require that the con-
sent of the IRS must be obtained before adopting
such a change.
Approval not required. The following are examples of
types of changes that are not changes in accounting
methods and do not require IRS approval.
Correction of a math or posting error.
Correction of an error in figuring tax liability (such as
an error in figuring a credit).
An adjustment of any item of income or deduction that
does not involve the proper time for including it in in-
come or deducting it.
Certain adjustments in the useful life of a depreciable
or amortizable asset.
Form 3115. In general, you must file a current Form 3115
to request a change in either an overall accounting
method or the accounting treatment of any item. There are
some instances when you can obtain automatic consent
from the IRS to change to certain accounting methods. In
other instances, you can file Form 3115 using the non-au-
tomatic change request procedures to request an ac-
counting method change.
More information. For more information on making
changes in accounting methods, see Form 3115 and the
Instructions for Form 3115. See Revenue Procedure
2021-34, 2021-35 I.R.B. 337 (or any successor), available
at IRS.gov/irb/2021-35_IRB#REV-PROC-2021-34, for ad-
ditional procedures that may apply for obtaining automatic
consent to change methods of accounting for revenue
recognition and certain other methods of accounting that
may affect the accounting for revenue recognition. Also
see Revenue Procedure 2022-09, 2022-02 I.R.B. 310 (or
any successor) available at IRS.gov/irb/
2022-02_IRB#REV-PROC-2022-9, for additional proce-
dures that may apply for obtaining automatic consent to
change certain methods of accounting related to small
businesses.
When making changes in accounting methods or
when filing Form 3115, you must determine if the
IRS has issued any new published guidance
which includes revenue procedures, revenue rulings, noti-
ces, regulations, or other relevant guidance in the Internal
Revenue Bulletin. For the latest information, visit IRS.gov.
How To Get Tax Help
If you have questions about a tax issue; need help prepar-
ing your tax return; or want to download free publications,
forms, or instructions, go to IRS.gov and find resources
that can help you right away.
CAUTION
!
Page 18 Publication 538 (January 2022)
Page 19 of 22 Fileid: … ons/p538/202112/a/xml/cycle02/source 13:49 - 14-Feb-2022
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
Preparing and filing your tax return. After receiving all
your wage and earnings statements (Forms W-2, W-2G,
1099-R, 1099-MISC, 1099-NEC, etc.); unemployment
compensation statements (by mail or in a digital format) or
other government payment statements (Form 1099-G);
and interest, dividend, and retirement statements from
banks and investment firms (Forms 1099), you have sev-
eral options to choose from to prepare and file your tax re-
turn. You can prepare the tax return yourself, see if you
qualify for free tax preparation, or hire a tax professional to
prepare your return.
For 2021, if you received an Economic Impact
Payment (EIP), refer to your Notice 1444-C, Your
2021 Economic Impact Payment. If you received
Advance Child Tax Credit payments, refer to your Letter
6419.
Free options for tax preparation. Go to IRS.gov to see
your options for preparing and filing your return online or
in your local community, if you qualify, which include the
following.
Free File. This program lets you prepare and file your
federal individual income tax return for free using
brand-name tax-preparation-and-filing software or
Free File fillable forms. However, state tax preparation
may not be available through Free File. Go to IRS.gov/
FreeFile to see if you qualify for free online federal tax
preparation, e-filing, and direct deposit or payment op-
tions.
VITA. The Volunteer Income Tax Assistance (VITA)
program offers free tax help to people with
low-to-moderate incomes, persons with disabilities,
and limited-English-speaking taxpayers who need
help preparing their own tax returns. Go to IRS.gov/
VITA, download the free IRS2Go app, or call
800-906-9887 for information on free tax return prepa-
ration.
TCE. The Tax Counseling for the Elderly (TCE) pro-
gram offers free tax help for all taxpayers, particularly
those who are 60 years of age and older. TCE volun-
teers specialize in answering questions about pen-
sions and retirement-related issues unique to seniors.
Go to IRS.gov/TCE, download the free IRS2Go app,
or call 888-227-7669 for information on free tax return
preparation.
MilTax. Members of the U.S. Armed Forces and
qualified veterans may use MilTax, a free tax service
offered by the Department of Defense through Military
OneSource. For more information, go to
MilitaryOneSource (MilitaryOneSource.mil/Tax).
Also, the IRS offers Free Fillable Forms, which can be
completed online and then filed electronically regardless
of income.
CAUTION
!
Using online tools to help prepare your return. Go to
IRS.gov/Tools for the following.
The Earned Income Tax Credit Assistant (IRS.gov/
EITCAssistant) determines if you’re eligible for the
earned income credit (EIC).
The Online EIN Application (IRS.gov/EIN) helps you
get an employer identification number (EIN) at no
cost.
The Tax Withholding Estimator (IRS.gov/W4app)
makes it easier for everyone to pay the correct amount
of tax during the year. The tool is a convenient, online
way to check and tailor your withholding. It’s more
user-friendly for taxpayers, including retirees and
self-employed individuals. The features include the
following.
▶ Easy to understand language.
▶ The ability to switch between screens, correct
previous entries, and skip screens that don’t apply.
▶ Tips and links to help you determine if you qualify
for tax credits and deductions.
▶ A progress tracker.
▶ A self-employment tax feature.
Automatic calculation of taxable social security
benefits.
The First-Time Homebuyer Credit Account Look-up
(IRS.gov/HomeBuyer) tool provides information on
your repayments and account balance.
The Sales Tax Deduction Calculator (IRS.gov/
SalesTax) figures the amount you can claim if you
itemize deductions on Schedule A (Form 1040).
Getting answers to your tax questions. On
IRS.gov, you can get up-to-date information on
current events and changes in tax law.
IRS.gov/Help: A variety of tools to help you get an-
swers to some of the most common tax questions.
IRS.gov/ITA: The Interactive Tax Assistant, a tool that
will ask you questions and, based on your input, pro-
vide answers on a number of tax law topics.
IRS.gov/Forms: Find forms, instructions, and publica-
tions. You will find details on 2021 tax changes and
hundreds of interactive links to help you find answers
to your questions.
You may also be able to access tax law information in
your electronic filing software.
Need someone to prepare your tax return? There are
various types of tax return preparers, including tax prepar-
ers, enrolled agents, certified public accountants (CPAs),
attorneys, and many others who don’t have professional
credentials. If you choose to have someone prepare your
tax return, choose that preparer wisely. A paid tax pre-
parer is:
Primarily responsible for the overall substantive accu-
racy of your return,
Required to sign the return, and
Publication 538 (January 2022) Page 19
Page 20 of 22 Fileid: … ons/p538/202112/a/xml/cycle02/source 13:49 - 14-Feb-2022
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
Required to include their preparer tax identification
number (PTIN).
Although the tax preparer always signs the return,
you're ultimately responsible for providing all the informa-
tion required for the preparer to accurately prepare your
return. Anyone paid to prepare tax returns for others
should have a thorough understanding of tax matters. For
more information on how to choose a tax preparer, go to
Tips for Choosing a Tax Preparer on IRS.gov.
Advance child tax credit payments. From July
through December 2021, advance payments were sent
automatically to taxpayers with qualifying children who
met certain criteria. The advance child tax credit pay-
ments were early payments of up to 50% of the estimated
child tax credit that taxpayers may properly claim on their
2021 returns. Go to IRS.gov/AdvCTC for more information
about these payments and how they can affect your taxes.
Coronavirus. Go to IRS.gov/Coronavirus for links to in-
formation on the impact of the coronavirus, as well as tax
relief available for individuals and families, small and large
businesses, and tax-exempt organizations.
Employers can register to use Business Services On-
line. The Social Security Administration (SSA) offers on-
line service at SSA.gov/employer for fast, free, and secure
online W-2 filing options to CPAs, accountants, enrolled
agents, and individuals who process Form W-2, Wage
and Tax Statement, and Form W-2c, Corrected Wage and
Tax Statement.
IRS social media. Go to IRS.gov/SocialMedia to see
the various social media tools the IRS uses to share the
latest information on tax changes, scam alerts, initiatives,
products, and services. At the IRS, privacy and security
are our highest priority. We use these tools to share public
information with you. Don’t post your social security num-
ber (SSN) or other confidential information on social me-
dia sites. Always protect your identity when using any so-
cial networking site. The following IRS YouTube channels
provide short, informative videos on various tax-related
topics in English, Spanish, and ASL.
Youtube.com/irsvideos.
Youtube.com/irsvideosmultilingua.
Youtube.com/irsvideosASL.
Watching IRS videos. The IRS Video portal
(IRSVideos.gov) contains video and audio presentations
for individuals, small businesses, and tax professionals.
Online tax information in other languages. You can
find information on IRS.gov/MyLanguage if English isn’t
your native language.
Free Over-the-Phone Interpreter (OPI) Service. The
IRS is committed to serving our multilingual customers by
offering OPI services. The OPI service is a federally fun-
ded program and is available at Taxpayer Assistance
Centers (TACs), other IRS offices, and every VITA/TCE
return site. OPI service is accessible in more than 350 lan-
guages.
Accessibility Helpline available for taxpayers with
disabilities. Taxpayers who need information about ac-
cessibility services can call 833-690-0598. The Accessi-
bility Helpline can answer questions related to current and
future accessibility products and services available in al-
ternative media formats (for example, braille, large print,
audio, etc.).
Getting tax forms and publications. Go to IRS.gov/
Forms to view, download, or print all of the forms and pub-
lications you may need. Or, you can go to IRS.gov/
OrderForms to place an order.
Getting tax publications and instructions in eBook
format. You can also download and view popular tax
publications and instructions (including the Instructions for
Form 1040) on mobile devices as eBooks at IRS.gov/
eBooks.
Note. IRS eBooks have been tested using Apple's
iBooks for iPad. Our eBooks haven’t been tested on other
dedicated eBook readers, and eBook functionality may
not operate as intended.
Access your online account (individual taxpayers
only). Go to IRS.gov/Account to securely access infor-
mation about your federal tax account.
View the amount you owe and a breakdown by tax
year.
See payment plan details or apply for a new payment
plan.
Make a payment or view 5 years of payment history
and any pending or scheduled payments.
Access your tax records, including key data from your
most recent tax return, your EIP amounts, and tran-
scripts.
View digital copies of select notices from the IRS.
Approve or reject authorization requests from tax pro-
fessionals.
View your address on file or manage your communi-
cation preferences.
Tax Pro Account. This tool lets your tax professional
submit an authorization request to access your individual
taxpayer IRS online account. For more information, go to
IRS.gov/TaxProAccount.
Using direct deposit. The fastest way to receive a tax
refund is to file electronically and choose direct deposit,
which securely and electronically transfers your refund di-
rectly into your financial account. Direct deposit also
avoids the possibility that your check could be lost, stolen,
or returned undeliverable to the IRS. Eight in 10 taxpayers
use direct deposit to receive their refunds. If you don’t
have a bank account, go to IRS.gov/DirectDeposit for
more information on where to find a bank or credit union
that can open an account online.
Page 20 Publication 538 (January 2022)
Page 21 of 22 Fileid: … ons/p538/202112/a/xml/cycle02/source 13:49 - 14-Feb-2022
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
Getting a transcript of a return. The quickest way to
get a copy of your tax transcript is to go to IRS.gov/
Transcripts. Click on either "Get Transcript Online" or "Get
Transcript by Mail" to order a copy of your transcript. If
you prefer, you can order your transcript by calling
800-908-9946.
Reporting and resolving your tax-related identity
theft issues.
Tax-related identity theft happens when someone
steals your personal information to commit tax fraud.
Your taxes can be affected if your SSN is used to file a
fraudulent return or to claim a refund or credit.
The IRS doesn’t initiate contact with taxpayers by
email, text messages, telephone calls, or social media
channels to request personal or financial information.
This includes requests for personal identification num-
bers (PINs), passwords, or similar information for
credit cards, banks, or other financial accounts.
Go to IRS.gov/IdentityTheft, the IRS Identity Theft
Central webpage, for information on identity theft and
data security protection for taxpayers, tax professio-
nals, and businesses. If your SSN has been lost or
stolen or you suspect you’re a victim of tax-related
identity theft, you can learn what steps you should
take.
Get an Identity Protection PIN (IP PIN). IP PINs are
six-digit numbers assigned to taxpayers to help pre-
vent the misuse of their SSNs on fraudulent federal in-
come tax returns. When you have an IP PIN, it pre-
vents someone else from filing a tax return with your
SSN. To learn more, go to IRS.gov/IPPIN.
Ways to check on the status of your refund.
Go to IRS.gov/Refunds.
Download the official IRS2Go app to your mobile de-
vice to check your refund status.
Call the automated refund hotline at 800-829-1954.
Note. The IRS can’t issue refunds before mid-Febru-
ary 2022 for returns that claimed the EIC or the additional
child tax credit (ACTC). This applies to the entire refund,
not just the portion associated with these credits.
Making a tax payment. Go to IRS.gov/Payments for in-
formation on how to make a payment using any of the fol-
lowing options.
IRS Direct Pay: Pay your individual tax bill or estima-
ted tax payment directly from your checking or sav-
ings account at no cost to you.
Debit or credit card: Choose an approved payment
processor to pay online or by phone.
Electronic Funds Withdrawal: Schedule a payment
when filing your federal taxes using tax return prepara-
tion software or through a tax professional.
Electronic Federal Tax Payment System: Best option
for businesses. Enrollment is required.
Check or money order: Mail your payment to the ad-
dress listed on the notice or instructions.
Cash: You may be able to pay your taxes with cash at
a participating retail store.
Same-Day Wire: You may be able to do same-day
wire from your financial institution. Contact your finan-
cial institution for availability, cost, and time frames.
Note. The IRS uses the latest encryption technology to
ensure that the electronic payments you make online, by
phone, or from a mobile device using the IRS2Go app are
safe and secure. Paying electronically is quick, easy, and
faster than mailing in a check or money order.
What if I can’t pay now? Go to IRS.gov/Payments for
more information about your options.
Apply for an online payment agreement (IRS.gov/
OPA) to meet your tax obligation in monthly install-
ments if you can’t pay your taxes in full today. Once
you complete the online process, you will receive im-
mediate notification of whether your agreement has
been approved.
Use the Offer in Compromise Pre-Qualifier to see if
you can settle your tax debt for less than the full
amount you owe. For more information on the Offer in
Compromise program, go to IRS.gov/OIC.
Filing an amended return. You can now file Form
1040-X electronically with tax filing software to amend
2019 or 2020 Forms 1040 and 1040-SR. To do so, you
must have e-filed your original 2019 or 2020 return. Amen-
ded returns for all prior years must be mailed. Go to
IRS.gov/Form1040X for information and updates.
Checking the status of an amended return. Go to
IRS.gov/WMAR to track the status of Form 1040X amen-
ded returns.
Note. It can take up to 3 weeks from the date you filed
your amended return for it to show up in our system, and
processing it can take up to 16 weeks.
Understanding an IRS notice or letter. Go to IRS.gov/
Notices to find additional information about responding to
an IRS notice or letter.
You can use Schedule LEP, Request for Change in
Language Preference, to state a preference to receive no-
tices, letters, or other written communications from the
IRS in an alternative language, when these are available.
Once your Schedule LEP is processed, the IRS will deter-
mine your translation needs and provide you translations
when available. If you have a disability requiring notices in
an accessible format, see Form 9000.
Contacting your local IRS office. Keep in mind, many
questions can be answered on IRS.gov without visiting an
IRS Tax Assistance Center (TAC). Go to IRS.gov/
LetUsHelp for the topics people ask about most. If you still
need help, IRS TACs provide tax help when a tax issue
can’t be handled online or by phone. All TACs now pro-
vide service by appointment so you’ll know in advance
Publication 538 (January 2022) Page 21
Page 22 of 22 Fileid: … ons/p538/202112/a/xml/cycle02/source 13:49 - 14-Feb-2022
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
that you can get the service you need without long wait
times. Before you visit, go to IRS.gov/TACLocator to find
the nearest TAC, check hours, available services, and ap-
pointment options. Or, on the IRS2Go app, under the Stay
Connected tab, choose the Contact Us option and click on
“Local Offices.”
The Taxpayer Advocate Service (TAS)
Is Here To Help You
What is TAS?
TAS is an independent organization within the IRS that
helps taxpayers and protects taxpayer rights. Their job is
to ensure that every taxpayer is treated fairly and that you
know and understand your rights under the Taxpayer Bill
of Rights.
How Can You Learn About Your Taxpayer
Rights?
The Taxpayer Bill of Rights describes 10 basic rights that
all taxpayers have when dealing with the IRS. Go to
TaxpayerAdvocate.IRS.gov to help you understand what
these rights mean to you and how they apply. These are
your rights. Know them. Use them.
What Can TAS Do For You?
TAS can help you resolve problems that you can’t resolve
with the IRS. And their service is free. If you qualify for
their assistance, you will be assigned to one advocate
who will work with you throughout the process and will do
everything possible to resolve your issue. TAS can help
you if:
Your problem is causing financial difficulty for you,
your family, or your business;
You face (or your business is facing) an immediate
threat of adverse action; or
You’ve tried repeatedly to contact the IRS but no one
has responded, or the IRS hasn’t responded by the
date promised.
How Can You Reach TAS?
TAS has offices in every state, the District of Columbia,
and Puerto Rico. Your local advocate’s number is in your
local directory and at TaxpayerAdvocate.IRS.gov/
Contact-Us. You can also call them at 877-777-4778.
How Else Does TAS Help Taxpayers?
TAS works to resolve large-scale problems that affect
many taxpayers. If you know of one of these broad issues,
please report it to them at IRS.gov/SAMS.
TAS for Tax Professionals
TAS can provide a variety of information for tax professio-
nals, including tax law updates and guidance, TAS
programs, and ways to let TAS know about systemic
problems you’ve seen in your practice.
Low Income Taxpayer Clinics (LITCs)
LITCs are independent from the IRS. LITCs represent in-
dividuals whose income is below a certain level and need
to resolve tax problems with the IRS, such as audits, ap-
peals, and tax collection disputes. In addition, clinics can
provide information about taxpayer rights and responsibili-
ties in different languages for individuals who speak Eng-
lish as a second language. Services are offered for free or
a small fee. To find a clinic near you, visit
TaxpayerAdvocate.IRS.gov/about-us/Low-Income-
Taxpayer-Clinics-LITC or see IRS Pub. 4134, Low Income
Taxpayer Clinic List.
Page 22 Publication 538 (January 2022)