REV-976: Election Not To Be Taxed as a Pennsylvania S Corporation (REV-976) (Revision)
Pennsylvania · Pennsylvania DOR · Used for tax years 2024, 2025, 2026
REV-976 lets a federal S corporation elect not to be taxed as a Pennsylvania S corporation. It records the first tax year covered by the election, shareholder ownership and consent, and an authorized corporate officer’s signature.
Who files this form
A corporation with a valid federal subchapter S election must file REV-976 if it does not want to be taxed as a Pennsylvania S corporation. Otherwise, Pennsylvania S corporation status is automatic for tax years beginning after December 31, 2005.
If the election covers a parent corporation and its qualified subchapter S subsidiaries, the parent must file REV-976 for itself and all those subsidiaries.
A federal S corporation that neither does business nor is registered to do business in Pennsylvania may also need this election for its Pennsylvania resident shareholders. Without the election, a corporation with a Pennsylvania resident shareholder must file PA-20S/PA-65.
When it's due
The deadlines below apply to the first tax year for which the election is to take effect. The text gives relative deadlines, not specific calendar due dates for 2024, 2025 or 2026.
- Corporations required to file RCT-101: File REV-976 by the due date or extended due date of RCT-101. The instructions state that RCT-101 is due 30 days after the federal return.
- Corporations not required to file RCT-101 that neither do business nor are registered to do business in Pennsylvania: File REV-976 30 days after the due date or extended due date of the federal return.
- Short-period federal returns related to the election: RCT-101 and REV-976 are due on the 30th day following the due date of the applicable federal return.
What you'll need
Have these details and signatures ready:
- Corporate name, mailing address, federal employer identification number (FEIN) and Pennsylvania Department of State entity number.
- Beginning and ending dates of the first tax year the election will cover, in MMDDYYYY format.
- Names and addresses of each shareholder, member or partner with an interest in the corporation’s stock, regardless of how the stock is owned.
- Shareholders’ Social Security numbers or FEINs, ownership percentages, and dated consent signatures. Attach a separate schedule if more space is needed.
- An authorized corporate officer’s name, telephone number, signature, title, Social Security number and date.
For qualified subchapter S subsidiaries, include a schedule identifying each subsidiary’s name and FEIN or SSN. The instructions also require the name, address and FEIN of each subsidiary owned by the corporation and doing business in Pennsylvania.
How to file
- Complete the corporation’s identifying information and the tax-year dates for the election.
- List the owners and their ownership percentages. The form shows a total of 100%.
- Have an authorized corporate officer sign the corporate statement. All shareholders on the date of the election must sign their consent.
- Attach any additional owner schedule and required subsidiary schedule.
- If the corporation is not required to file RCT-101, does not do business in Pennsylvania and is not registered to do business there, check the box stating that the election is for Pennsylvania resident shareholder purposes only.
The filing instructions direct you to send REV-976 by:
- Fax: 717-787-3708
- Email: ra-btftregisfax@pa.gov
The form also prints this mailing address:
PA Department of Revenue
PO Box 280901
Harrisburg, PA 17128-0901
Do not send REV-976 with the PA Corporate Net Income Tax Report.
Common mistakes
- Sending REV-976 with the corporate tax report. The instructions explicitly say not to send it with the PA Corporate Net Income Tax Report.
- Overlooking a short-period return deadline. The caution states that when short-period federal returns are required in connection with the election, RCT-101 and REV-976 are due on the 30th day following the applicable federal return’s due date.
- Assuming every S corporation must file RCT-101. The instructions note that subchapter S corporations are only required to file RCT-101 for tax years when they have built-in gains.
Questions people ask
Can the corporation revoke this election right away?
No. Once made, the election cannot be revoked for five years.
Who must sign REV-976?
An authorized corporate officer must sign the corporate statement. All shareholders on the date of the election must also sign their consent.
Is REV-1640 required to obtain Pennsylvania S corporation status?
No. For tax years beginning after December 31, 2005, a corporation with a valid federal subchapter S election automatically has Pennsylvania S corporation status.
What happens to Pennsylvania resident shareholders if the corporation does not make this election?
Each resident shareholder is subject to Pennsylvania personal income tax on their proportionate share of the S corporation’s income, whether or not that income is distributed.