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Pennsylvania Department of Revenue
Instructions for REV-976
REV-976 IN (TR) 12-19 Election Not to be Taxed as a Pennsylvania S Corporation
the PA Department of Revenue. The PA-40ESR (F/C)
GENERAL INFORMATION form can be downloaded from the department’s website
Federal subchapter S corporations are no longer required at www.revenue.pa.gov or ordered by telephone at
to file the REV-1640, Pennsylvania S Corporation Election 1-888-P ATAXES (728-2937).
and Shareholders’ Consent, in order to be granted
Pennsylvania S corporation status. Effective for tax years QUALIFIED SUBCHAPTER
beginning after Dec. 31, 2005, any corporation with a valid
S SUBSIDIARIES
federal subchapter S corporation election will automatically
be a Pennsylvania S corporation. Any federal subchapter S If a qualified subchapter S subsidiary and/or parent of a
corporation that does not desire to be a Pennsylvania S qualified subchapter S subsidiary, does not desire to be
corporation must file REV-976, Election Not to be Taxed as taxed as a Pennsylvania S corporation, the parent must
a Pennsylvania S Corporation, on or before the due date or file REV-976 for itself and all qualified subchapter S sub-
extended due date of the RCT-101, PA Corporate Net sidiaries. The corporation must include a schedule with the
Income Tax Report, for the first tax period in which the elec- election identifying the name, address, Revenue ID and
tion is to be in effect. This election must be signed by 100 federal employer identification number of each qualified
percent of the shareholders of the S corporation and once subchapter S subsidiary owned by the corporation and
made cannot be revoked for five years. RCT-101 is due 30 doing business in Pennsylvania.
days after the federal return.
CAUTION: In cases where the taxpayer must file
short period federal returns in relation to making the PA RESIDENT SHAREHOLDERS
OF SUBCHAPTER S CORPORATIONS
election, the RCT-101 and REV-976 are due on the 30th
day following the due date of the applicable federal return. IN ANOTHER STATE
In the case of a federal subchapter S corporation not Any federal subchapter S corporation that does not make this
required to file RCT-101, does not do business in PA and is election, and which does not do business nor is registered
not registered to do business in PA, REV-976 must be filed to do business in PA but has a PA resident shareholder, will
30 days after the due date of the federal return (the due be taxed as a Pennsylvania S corporation and will be
date of RCT-101 if the corporation is required to file this required to file PA-20S/PA-65. In addition, each resident
report). shareholder will be subject to Pennsylvania personal
NOTE: Subchapter S corporations are only required to income tax on each shareholder’s pro rata share of the S
file RCT-101 for tax years when they have built-in gains. corporation income, whether distributed or not.
Any federal subchapter S corporation doing business in
Pennsylvania or registered to do business in PA that does FILING THE ELECTION
not make this election will be taxed as a Pennsylvania S For a federal subchapter S corporation conducting busi-
corporation and will be required to file PA-20S/PA-65, PA S ness in Pennsylvania that is required to file RCT-101: The
Corporation/Partnership Information Return. In addition, due date for filing REV-976 is the due date or the extended
each resident shareholder is subject to Pennsylvania per- due date of RCT-101 for the first year for which the election
sonal income tax on each shareholder’s pro rata share of is to be in effect.
the S corporation income, whether distributed or not. Each
nonresident shareholder is subject to tax on the sharehold- For a federal subchapter S corporation that is not required
er’s personal income from sources within PA. Filing the to file RCT-101, (does not do business in PA and is not
RCT-101 is not required unless the corporation has federal registered to do business in PA): The due date for filing
taxable built-in gains. REV-976 is 30 days after the due date or the extended due
date of the federal return. These corporations must check
Partnership returns and Pennsylvania S corporations with the box indicating “Corporation is not subject to PA
taxable PA-sourced income are jointly liable with their non- Corporate Net Income Tax; election is for PA resident
resident partners and shareholders for payment of tax on Shareholder purposes only”.
such income to the extent allocable to the nonresidents.
Partnerships and S corporations are authorized and required The REV-976 must be signed by 100 percent of the share-
to withhold this tax from its nonresident owners and remit holders on the date of the election and sent via Fax or
the tax to the PA Department of Revenue. The department Email to:
accepts through the MeF Fed/State program the electronic Fax:717-787-3708
payment of the quarterly estimated withholding tax for non- Email:ra-btftregisfax@pa.gov
resident owners filed with the PA65ES. Payments may be
remitted with the PA-40ES (F/C) found on the department's DO NOT SEND WITH THE PA CORPORATE
website with a check or money order made payable to NET INCOME TAX REPORT
www.revenue.pa.gov REV-9761
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