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Lev
Lev, Tax Advisor
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Can I only make a section 351 election within 75 days after

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Can I only make a section 351 election within 75 days after year end?

Please see for reference Sec. 1.351-3 Records to be kept and information to be filed

(a) Every person who received the stock or securities of a controlled corporation, or other property as part of the consideration, in exchange for property under section 351, shall file with his income tax return for the taxable year in which the exchange is consummated a complete statement of all facts pertinent to such exchange.

....

(b) Every such controlled corporation shall file with its income tax return for the taxable year in which the exchange is consummated—
(1) A complete description of all the property received from the transferors.
(2) A statement of the cost or other basis thereof in the hands of the transferors adjusted to the date of transfer.

...etc

 

So - both the corporation and the person should attach a statement to their income tax returns. Due date is a due date of the tax return.

Let me know if you need any help.

 

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