§761(a) Election Out of Subchapter K

Election by a qualifying unincorporated organization to be excluded from the partnership rules of Subchapter K.

IRC § 761(a)Treas. Reg. § 1.761-2

Organization name *

EIN

First tax year of election *

Nature of the organization

Organization address

Members (name, address, TIN — one per line) *

Signed by

Title / capacity

Date

Preview

ELECTION TO BE EXCLUDED FROM SUBCHAPTER K
Internal Revenue Code § 761(a) — Treas. Reg. § 1.761-2

Organization:                    [Organization name]
Employer Identification Number:  [EIN]
Address:                         [Address]
First taxable year of election:  [Year]

The above-named organization hereby elects, pursuant to IRC § 761(a) and Treas. Reg.
§ 1.761-2, to be excluded from all of the provisions of Subchapter K of Chapter 1 of
the Internal Revenue Code, beginning with the taxable year shown above.

The organization is availed of for investment purposes only and not for the active conduct of a business, and the income of each member can be
adequately determined without the computation of partnership taxable income.

Members of the organization (name, address, and identification number):
[List each member's name, address, and TIN]


_______________________________
[Member signature]
Member
Date: [Date]

How & when to file: For a new organization, make the election on a timely filed Form 1065 for the first tax year by attaching this statement (Treas. Reg. § 1.761-2(b)(2)(i)); if no return is otherwise required, file it with the service center where a return would be filed. All members must qualify under § 1.761-2(a) and each member's income must be determinable without computing partnership taxable income. A deemed election may apply if all members report consistently.

Your inputs stay on your computer. Nothing you type here is sent to our servers. Drafts save to this browser’s local storage, and the letter downloads directly to your device.

This draft is generated for review by a tax professional. Verify current IRS procedures, filing locations, deadlines, and required language before filing. This is not legal or tax advice.

ELECTION TO BE EXCLUDED FROM SUBCHAPTER K Internal Revenue Code § 761(a) — Treas. Reg. § 1.761-2 Organization: [Organization name] Employer Identification Number: [EIN] Address: [Address] First taxable year of election: [Year] The above-named organization hereby elects, pursuant to IRC § 761(a) and Treas. Reg. § 1.761-2, to be excluded from all of the provisions of Subchapter K of Chapter 1 of the Internal Revenue Code, beginning with the taxable year shown above. The organization is availed of for investment purposes only and not for the active conduct of a business, and the income of each member can be adequately determined without the computation of partnership taxable income. Members of the organization (name, address, and identification number): [List each member's name, address, and TIN] _______________________________ [Member signature] Member Date: [Date]