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Form Instructions 1125-E online Washington: What You Should Know
A) The tax treatment of a corporation for any year depends upon the classification of, and the taxable income of, an entity, to be earned during the year as follows. Under the first classification, income is determined without regard to any change in the gross income of the entity for the preceding taxable year. Under the second classification, the gross income of an entity is dependent upon changes in the gross income of the entity for the preceding taxable year. If the gross income of an entity is dependent upon changes in gross income (i.e., changes in basis), the income classification under (b) and (c) of this section is corporation income if (i) the gross income of the entity is dependent upon gross income growth within the prior taxable year, and (ii) the gross income of the entity is not the same as a category of income that includes gross income growth but has a different relationship to gross income. For purposes of this exemption, gross income growth is calculated based upon either the tax year, or the prior taxable year, which ends with the latter of (a) the date by which a tax liability would be fully closed for the entity (which date is adjusted if the entity is an S corporation) or (b) the earliest of (1) an entity's taxable year-end or (2) the first payment of any additional tax that would be required as a result of the entity's gross income growth in the preceding tax year. The requirement that gross income is dependent upon gross income growth does not apply if the entity is a real estate investment trust (REIT). A rat is an entity that invests in other Rests. A rat must file Form 1120 as a trust with respect to any income derived from passive activities with respect to real property, or passive activities with respect to other property, as applicable. Under the fourth classification, income is determined without regard to any change in the gross income of the entity for the tax year. Under the fourth classification, a corporation is passive if it has no active business activity. For purposes of this section, a corporation is active if it carries on an active business activity through activities that fall within its trade or business. A corporation may choose to be taxed as a corporation based on its net income or net profits. A corporation is not taxed as a noncorporate entity, regardless of its net income or net profits.
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