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To elect Corporation status, the LLC must file IRS Form 8832 — Entity Classification Election. To elect S Corporation status, the LLC must file IRS Form 2553 — Election by a Small Business Corporation.
Entity classification election. From Wikipedia, the free encyclopedia. For United States income tax purposes, a business entity may elect to be treated either as a corporation or as other than a corporation. This entity classification election is made by filing Internal Revenue Service Form 8832.
Domestic Entities A domestic entity is one created or organized in the United States or under U.S. or state law. A “domestic eligible entity” is any business entity not required to be a corporation under Proposed Regulation 301.7701-2(b).
An LLC with 2 or more owners is called a multi-member LLC, and the IRS taxes multi-member LCS like a Partnership. Both Sole Proprietorship and Partnership taxation are pass-through, meaning the business profits, losses, credits, and deductions will flow through to the personal tax return of each member.
Form 8832 is the Entity Classification Election form from the IRS. It is filed to elect a tax status other than the default status for your entity. For example, an LLC can elect to be taxed as a C Corporation.
There's no deadline to file Form 8832it can be filed either right when you start your business, or at any point during your business's lifetime. However, the filing date is important. The tax status for the business is effective either: Up to 75 days before filing the form.
Form 8832 vs. So, if your business is structured as a partnership, and you want to elect corporate tax status, you would use Form 8832. Form 2553 is specifically for traditional corporations that want to elect S corporation tax status.
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