Form Mail this form to: 5R Wisconsin Wisconsin Department Revocation of Election by an S Corporation of Revenue Wisconsin Department PO Box 8908 of Revenue Not to Be a Tax-Option Corporation Madison WI 53708-8908 Corporation Name A Federal Employer ID Number Number and Street Suite Number B State of Incorporation and Year City State ZIP Code (+ 4 digit suffix if known) C Number of Shareholders D Number of Shares Issued and Outstanding E Revocation is to be effective for taxable year beginning: M M D D Y Y Y Y The undersigned, owning in total more than 50% of the issued and outstanding shares of the above S corporation on the date of this revocation, consent to have the corporation be treated as a tax-option corporation for Wisconsin franchise or in- come tax purposes. This revocation will be effective for the taxable year indicated above. Each shareholder, in signing this revocation, declares that the information with respect to his or her name, address, federal identifying number, and stock ownership has been examined and, to the best of the shareholder’s knowledge and belief, is true, correct, and complete. Federal Stock Owned Name and Address of Shareholder Identifying Number of Date Shareholder’s Signature Number Shares Acquired I, the undersigned authorized officer of the corporation for which this revocation is made, have personally examined this revocation, includ- ing any accompanying schedules and statements, and declare that it is, to the best of my knowledge and belief, true, correct, and complete. Signature Title Date IC-042 (R. 6-24) |
Form 5R Instructions General Instructions Specific Instructions Purpose of Form – A federal S corporation that has elected Fill in the corporation’s name and address and enter the not to be a tax-option corporation for Wisconsin tax pur- appropriate information in items A through E. poses and that subsequently wishes to elect Wisconsin tax-option status uses Form 5R to revoke the “opt-out” Enter in the space provided the name, address, and federal election. As a result of revoking the “opt-out” election, identifying number (social security number for individuals the income of the tax-option (S) corporation will be taxed and federal employer identification number for estates, to the shareholders of the corporation rather than to the qualified trusts, and exempt organizations) of each share- corporation itself, with certain exceptions. holder who is signing the revocation. Also enter for each shareholder the number of shares owned and the date the Who May Revoke – Once the election not to be a tax- stock was acquired. If the shareholder acquired stock on option corporation for Wisconsin purposes has been more than one date, enter the last date on which that share- completed, it remains in effect for the corporation and any holder acquired stock. Each shareholder must sign in the successors for at least the next 4 taxable years after the space indicated. If the stock is held as community property taxable year to which the election first applies. After this or if the income from the stock is community property, the 5-year period, the “opt-out” election may be revoked. The consent must be signed by both husband and wife. Wis- revocation requires the consent of persons who hold more consin’s marital property is a form of community property. than 50% of the shares of the S corporation on the day the revocation is made. If you need additional space, attach a schedule containing the required information. Exception: The “opt-out” election is automatically revoked for the taxable year in which a federal S corporation An authorized officer of the corporation must sign this form acquires a qualified Subchapter S subsidiary (QSub) for in the space provided. federal purposes. Since neither the S corporation nor the QSub may elect out of Wisconsin tax-option (S) treatment, it is not necessary to file Form 5R. When to Revoke – You must file Form 5R on or before the due date, or extended due date, of the first Wisconsin corporation franchise or income tax return affected by the revocation. Corporations that are treated as tax-option (S) corpora- tions for Wisconsin purposes must file Wisconsin Form 5S, Wisconsin Tax-Option (S) Corporation Franchise or Income Tax Return. Applicable Laws and Rules This document provides statements or interpretations of the following provisions of Wisconsin Statutes in effect as of June 14, 2024: chs. 71 and 77, Wis. Stats. and chs. Tax 1, 2 and 3 Wis. Adm Code. |