Form 8832/Entity Classification Election Form

Why is the 8832 form important?

The 8832, also called the Entity Classification Election form, is used for eligible entities to choose how they will be classified for federal tax purposes.

You are required to fill out this form, otherwise, your business will defer to its default tax status.

How entities can be classified:

An eligible entity uses Form 8832 to elect how it will be classified for federal tax purposes:

• A C-corporation;
• A partnership;
• A disregarded entity (separated from its owner).

When To File? 

Generally, an election specifying an eligible entity’s classification cannot take effect more than 75 days before 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. 

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.

If the IRS does not get back to you within 60 days, you have to call 1-800-829-0115 or mail a letter to the service center.

Depending on the state where you filed your company, you have to either mail to one of these addresses: 

 

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 to date; or
• An IRS letter stating that Form 8832 has been accepted.