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Without filling out this form, single-member LCS are taxed as sole proprietorship by default, and multi-member LCS will be taxed as partnerships. Of course, if you're happy with your default tax status, there's no need to file IRS Form 8832. This form is only for businesses that want to change their tax status.
Businesses that want to change their tax classification to an S Corporation do not need to file Form 8832. Instead, they should file Form 2553. When a single-member LLC adds more members, the business will be taxed as a partnership.
Form 8832 must be filed between one year prior and 75 days after its effective date. Most LCS want their Form 8832 to be effective for their first tax year, so the form must be filed no sooner than one year and no later than 75 days after beginning business. For example, if you start operations on Feb.
The default federal tax status for a single-member limited liability company (SM LLC) is disregarded entity. To elect S corporation tax status, you need to file IRS Form 2553, Election by a Small Business Corporation. You can file an election for S corporation tax status at any time after setting up your SM LLC.
A corporation can file Form 2553 after the due date and still receive IRS approval to make the election retroactive to the beginning of the corporation's tax year. If your corporation meets these requirements, you should write the following at the top of Form 2553: “FILED PURSUANT TO REV.
You do not need to file Form 8832 unless you want your single-member LLC to be classified as an entity disregarded as separate from you (such as a corporation).
If you want your LLC to be taxed as a corporation, you must file Form 8832. Here are some things you need to know about this election: The form allows “eligible entities” to file this election. LCS are specifically stated to be eligible entities.
A single-member LLC is a limited liability company with a single owner, and LCS refer to owners as members. A disregarded entity is ignored by the IRS for tax purposes, and the IRS collects the business's taxes through the owner's personal tax return. Single-member LCS do not file a separate business tax return.
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