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11.6 Changing Status: The 60-Month Rule

Key Takeaways

  • 60-Month Rule: cannot change classification for 5 years after election.

  • Initial election (effective Day 1): does NOT trigger 60-month lock.

  • Exception: >50% ownership change.

  • PLR fees (Tax Year 2025, Rev. Proc. 2025-1): $43,700 (standard), $7,600 (<$1M), $3,800 (<$250k) — verify current Rev. Proc.

  • S-Corp termination: 5-year prohibition on re-election (§1362(g)).

  • Applies to Form 8832 changes, not initial elections.

  • The TCJA 21% C-corporation rate has no scheduled sunset. OBBBA made QBI permanent; the 60-month classification rule still matters.

Last updated: October 2026

Why This Matters for the Exam

The 60-month rule prevents tax flip-flopping. Know when it applies and the exceptions. The 21% corporate rate was already permanent under TCJA. OBBBA made the Section 199A QBI deduction permanent. The 60-month classification rule remains relevant to entity choice.

The 60-Month Rule

RuleDescription
Lock period60 months (5 years)
AfterClassification change election
EffectCannot change again during period

Initial Election Loophole

Scenario60-Month Applies?
LLC defaults to partnership, then elects corpYES (change)
LLC elects corp on Day 1 (formation)NO (initial)

Breaking the Lock

ExceptionDescription
>50% ownership changeNew owners not bound
PLRRequest IRS permission

PLR Fees (Tax Year 2025 — Rev. Proc. 2025-1; figures approximate, verify current Rev. Proc.)

Gross IncomeFee
Standard~$43,700
<$1 million~$7,600
<$250,000~$3,800

S-Corp Parallel (§1362(g))

RuleDescription
Revoke/terminate S-status5-year prohibition on re-election
ExceptionIRS permission

Real-World Scenario

Scenario: LLC elected C-Corp on Jan 1, 2025 (change from default). Wants to return to partnership Jan 1, 2027. No ownership change.

  • 60-month period: Ends Jan 1, 2030.
  • Jan 1, 2027: Only 2 years elapsed.
  • Result: Locked out — cannot change without >50% ownership change or PLR.

On the Exam

Question types to practice on 60-month:

  1. Lock Questions: "Elected corp 2025, want partnership 2027 — allowed?"
  2. Exception Questions: "What breaks the 60-month lock?"
  3. Initial Questions: "Does Day 1 election trigger lock?"

The key is to remember: 60 months after CHANGE (not initial). Exception = >50% ownership change. PLR available with fee. S-Corp = 5-year re-election prohibition.

Test Your Knowledge

LLC elected C-Corp Jan 1, 2025 (from default). Wants partnership Jan 1, 2027. No ownership change. Allowed?

A

No, 60-month rule

B

Yes, anytime

C

Yes, with PLR fee only

D

No, corps cannot become partnerships

Test Your Knowledge

What breaks the 60-month lock?

A

Paying fee

B

50% ownership change

C

Filing amended return

D

3 years elapsed

Test Your Knowledge

LLC elects corp on Day 1 of formation. 60-month rule applies?

A

Yes, any election

B

No, initial election exempt

C

Only if assets >$10M

D

Only in community property

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