Form 8832
Form 8832
8832
Type
or
Print
Number, street, and room or suite no. If a P.O. box, see instructions.
Check
if:
Part I
1
City or town, state, and ZIP code. If a foreign address, enter city, province or state, postal code and country. Follow the countrys practice for entering the
postal code.
Address change
Late classification relief sought under Revenue Procedure 2009-41
Relief for a late change of entity classification election sought under Revenue Procedure 2010-32
Election Information
2a
2b Was the eligible entitys prior election an initial classification election by a newly formed entity that was effective on the date of
formation?
Yes. Go to line 3.
No. Stop here. You generally are not currently eligible to make the election (see instructions).
3
No. You can elect to be classified as an association taxable as a corporation or to be disregarded as a separate entity. Go
to line 4.
4
If the eligible entity has only one owner, provide the following information:
a Name of owner
b Identifying number of owner
If the eligible entity is owned by one or more affiliated corporations that file a consolidated return, provide the name and
employer identification number of the parent corporation:
a Name of parent corporation
b Employer identification number
Page 2
Part I
6
If the eligible entity is created or organized in a foreign jurisdiction, provide the foreign country of
organization
Name and title of contact person whom the IRS may call for more information
Date
Title
Page 3
Part II
11
Provide the explanation as to why the entity classification election was not filed on time (see instructions).
Under penalties of perjury, I (we) declare that I (we) have examined this election, including accompanying documents, and, to the best
of my (our) knowledge and belief, the election contains all the relevant facts relating to the election, and such facts are true, correct,
and complete. I (we) further declare that I (we) have personal knowledge of the facts and circumstances related to the election. I (we)
further declare that the elements required for relief in Section 4.01 of Revenue Procedure 2009-41 have been satisfied.
Signature(s)
Date
Title
Page 4
General Instructions
Section references are to the Internal
Revenue Code unless otherwise noted.
Future Developments
For the latest information about developments
related to Form 8832 and its instructions,
such as legislation enacted after they were
published, go to www.irs.gov/form8832.
What's New
For entities formed on or after July 1, 2013,
the Croatian Dionicko Drustvo will always be
treated as a corporation. See Notice 2013-44,
2013-29, I.R.B. 62 for more information.
Purpose of Form
An eligible entity uses Form 8832 to elect
how it will be classified for federal tax
purposes, as a corporation, a partnership, or
an entity disregarded as separate from its
owner. An eligible entity is classified for
federal tax purposes under the default rules
described below unless it files Form 8832 or
Form 2553, Election by a Small Business
Corporation. See Who Must File below.
The IRS will use the information entered on
this form to establish the entitys filing and
reporting requirements for federal tax
purposes.
Note. An entity must file Form 2553 if making
an election under section 1362(a) to be an S
corporation
TIP
Default Rules
Existing entity default rule. Certain
domestic and foreign entities that were in
existence before January 1, 1997, and have
an established federal tax classification
generally do not need to make an election to
continue that classification. If an existing
entity decides to change its classification, it
may do so subject to the 60-month limitation
rule. See the instructions for lines 2a and 2b.
See Regulations sections 301.7701-3(b)(3)
and 301.7701-3(h)(2) for more details.
Definitions
Association. For purposes of this form, an
association is an eligible entity taxable as a
corporation by election or, for foreign eligible
entities, under the default rules (see
Regulations section 301.7701-3).
Business entity. A business entity is any
entity recognized for federal tax purposes
that is not properly classified as a trust under
Regulations section 301.7701-4 or otherwise
subject to special treatment under the Code
regarding the entitys classification. See
Regulations section 301.7701-2(a).
Corporation. For federal tax purposes, a
corporation is any of the following:
1. A business entity organized under a
federal or state statute, or under a statute of a
federally recognized Indian tribe, if the statute
describes or refers to the entity as
incorporated or as a corporation, body
corporate, or body politic.
2. An association (as determined under
Regulations section 301.7701-3).
3. A business entity organized under a
state statute, if the statute describes or refers
to the entity as a joint-stock company or jointstock association.
4. An insurance company.
5. A state-chartered business entity
conducting banking activities, if any of its
deposits are insured under the Federal
Deposit Insurance Act, as amended, 12 U.S.
C. 1811 et seq., or a similar federal statute.
6. A business entity wholly owned by a
state or any political subdivision thereof, or a
business entity wholly owned by a foreign
government or any other entity described in
Regulations section 1.892-2T.
7. A business entity that is taxable as a
corporation under a provision of the Code
other than section 7701(a)(3).
8. A foreign business entity listed on page
7. See Regulations section 301.7701-2(b)(8)
for any exceptions and inclusions to items on
this list and for any revisions made to this list
since these instructions were printed.
9. An entity created or organized under the
laws of more than one jurisdiction (business
entities with multiple charters) if the entity is
treated as a corporation with respect to any
one of the jurisdictions. See Regulations
section 301.7701-2(b)(9) for examples.
Disregarded entity. A disregarded entity is
an eligible entity that is treated as an entity
not separate from its single owner for income
tax purposes. A disregarded entity is treated
as separate from its owner for:
Employment tax purposes, effective for
wages paid on or after January 1, 2009; and
Excise taxes reported on Forms 720, 730,
2290, 11-C, or 8849, effective for excise taxes
reported and paid after December 31, 2007.
Page 5
Effect of Election
The federal tax treatment of elective changes
in classification as described in Regulations
section 301.7701-3(g)(1) is summarized as
follows:
When To File
Generally, an election specifying an eligible
entitys classification cannot take effect more
than 75 days prior to the date the election is
filed, nor can it take effect later than 12
months after the date the election is filed. An
eligible entity may be eligible for late election
relief in certain circumstances. For more
information, see Late Election Relief, later.
Where To File
File Form 8832 with the Internal Revenue
Service Center for your state listed later.
In addition, attach a copy of Form 8832 to
the entitys federal tax or information return
for the tax year of the election. If the entity is
not required to file a return for that year, a
copy of its Form 8832 must be attached to
the federal tax returns of all direct or indirect
owners of the entity for the tax year of the
owner that includes the date on which the
election took effect. An indirect owner of the
electing entity does not have to attach a copy
of the Form 8832 to its tax return if an entity in
which it has an interest is already filing a copy
of the Form 8832 with its return. Failure to
attach a copy of Form 8832 will not invalidate
an otherwise valid election, but penalties may
be assessed against persons who are
required to, but do not, attach Form 8832.
Each member of the entity is required to file
the member's return consistent with the entity
election. Penalties apply to returns filed
inconsistent with the entitys election.
Connecticut, Delaware,
District of Columbia,
Florida, Illinois, Indiana,
Kentucky, Maine,
Maryland, Massachusetts,
Michigan, New Hampshire, Cincinnati, OH 45999
New Jersey, New York,
North Carolina, Ohio,
Pennsylvania, Rhode
Island, South Carolina,
Vermont, Virginia, West
Virginia, Wisconsin
If the entitys principal
business, office, or
agency is located in:
Alabama, Alaska, Arizona,
Arkansas, California,
Colorado, Georgia, Hawaii,
Idaho, Iowa, Kansas,
Louisiana, Minnesota,
Mississippi, Missouri,
Montana, Nebraska,
Nevada, New Mexico,
North Dakota, Oklahoma,
Oregon, South Dakota,
Tennessee, Texas, Utah,
Washington, Wyoming
A foreign country or U.S.
possession
Ogden, UT 84201
Ogden, UT
84201-0023
Acceptance or Nonacceptance of
Election
The service center will notify the eligible entity
at the address listed on Form 8832 if its
election is accepted or not accepted. The
entity should generally receive a
determination on its election within 60 days
after it has filed Form 8832.
Care should be exercised to ensure that the
IRS receives the election. If the entity is not
notified of acceptance or nonacceptance of
its election within 60 days of the date of filing,
take follow-up action by calling
1-800-829-0115, or by sending a letter to the
service center to inquire about its status.
Send any such letter by certified or registered
mail via the U.S. Postal Service, or equivalent
type of delivery by a designated private
delivery service (see Notice 2004-83, 2004-52
I.R.B. 1030 (or its successor)).
If the IRS questions whether Form 8832
was filed, an acceptable proof of filing is:
A certified or registered mail receipt (timely
postmarked) from the U.S. Postal Service, or
its equivalent from a designated private
delivery service;
Form 8832 with an accepted stamp;
Form 8832 with a stamped IRS received
date; or
An IRS letter stating that Form 8832 has
been accepted.
Page 6
Specific Instructions
Name. Enter the name of the eligible entity
electing to be classified.
Employer identification number (EIN). Show
the EIN of the eligible entity electing to be
classified.
CAUTION
CAUTION
Page 7
CroatiaDionicko Drustvo
CyprusPublic Limited Company
Puerto RicoCorporation
RomaniaSociete pe Actiuni
RussiaOtkrytoye Aktsionernoy
Obshchestvo
Saudi ArabiaSharikat Al-Mossahamah
SingaporePublic Limited Company
FinlandJulkinen Osakeyhtio/Publikt
Aktiebolag
FranceSociete Anonyme
GermanyAktiengesellschaft
GreeceAnonymos Etairia
GuamCorporation
GuatemalaSociedad Anonima
GuyanaPublic Limited Company
HondurasSociedad Anonima
SurinamNaamloze Vennootschap
SwedenPublika Aktiebolag
Switzerland Aktiengesellschaft
ThailandBorisat Chamkad (Mahachon)
TunisiaSociete Anonyme
TurkeyAnonim Sirket
UkraineAktsionerne Tovaristvo Vidkritogo
Tipu
United States Virgin IslandsCorporation
UruguaySociedad Anonima
VenezuelaSociedad Anonima or Compania
Anonima
Recordkeeping
NicaraguaCompania Anonima
2 hr., 46 min.
3 hr., 48 min.
. 36 min.