Fillable Form 8832 - Entity Classification Election (Page 6 of 7) in pdf

Form 8832 (Rev. 1-2012)

Page

Specific Instructions

Relief for a late change of entity

Line 8. Generally, the election will take effect

classification election sought under

on the date you enter on line 8 of this form, or

Name. Enter the name of the eligible entity

Revenue Procedure 2010-32. Check the box

on the date filed if no date is entered on line

electing to be classified.

if the entity is seeking relief under Rev. Proc.

8. An election specifying an entity’s

Employer identification number (EIN). Show

2010-32, 2010-36 I.R.B. 320. For more

classification for federal tax purposes can

the EIN of the eligible entity electing to be

information, see Foreign default rule, earlier.

take effect no more than 75 days prior to the

classified.

date the election is filed, nor can it take effect

Part I. Election Information

later than 12 months after the date on which

Do not put “Applied For” on

▲

Complete Part I whether or not the entity is

the election is filed. If line 8 shows a date

this line.

seeking relief under Rev. Proc. 2009-41 or

more than 75 days prior to the date on which

Rev. Proc. 2010-32.

the election is filed, the election will default to

CAUTION

75 days before the date it is filed. If line 8

Line 1. Check box 1a if the entity is choosing

Note. Any entity that has an EIN will retain

shows an effective date more than 12 months

a classification for the first time (i.e., the entity

that EIN even if its federal tax classification

from the filing date, the election will take

does not want to be classified under the

changes under Regulations section

effect 12 months after the date the election is

applicable default classification). Do not file

301.7701-3.

filed.

this form if the entity wants to be classified

If a disregarded entity’s classification

under the default rules.

Consent statement and signature(s). Form

changes so that it becomes recognized as a

8832 must be signed by:

Check box 1b if the entity is changing its

partnership or association for federal tax

current classification.

1. Each member of the electing entity who

purposes, and that entity had an EIN, then the

Lines 2a and 2b. 60-month limitation rule.

is an owner at the time the election is filed; or

entity must continue to use that EIN. If the

Once an eligible entity makes an election to

entity did not already have its own EIN, then

2. Any officer, manager, or member of the

change its classification, the entity generally

the entity must apply for an EIN and not use

electing entity who is authorized (under local

cannot change its classification by election

the identifying number of the single owner.

law or the organizational documents) to make

again during the 60 months after the effective

the election. The elector represents to having

A foreign entity that makes an election

date of the election. However, the IRS may

such authorization under penalties of perjury.

under Regulations section 301.7701-3(c) and

(by private letter ruling) permit the entity to

(d) must also use its own taxpayer identifying

change its classification by election within the

If an election is to be effective for any

number. See sections 6721 through 6724 for

60-month period if more than 50% of the

period prior to the time it is filed, each person

penalties that may apply for failure to supply

ownership interests in the entity, as of the

who was an owner between the date the

taxpayer identifying numbers.

effective date of the election, are owned by

election is to be effective and the date the

persons that did not own any interests in the

election is filed, and who is not an owner at

If the entity electing to be classified using

entity on the effective date or the filing date of

the time the election is filed, must sign.

Form 8832 does not have an EIN, it must

the entity’s prior election.

apply for one on Form SS-4, Application for

If you need a continuation sheet or use a

Note. The 60-month limitation does not apply

Employer Identification Number. The entity

separate consent statement, attach it to

must have received an EIN by the time Form

if the previous election was made by a newly

Form 8832. The separate consent statement

8832 is filed in order for the form to be

formed eligible entity and was effective on the

must contain the same information as shown

date of formation.

processed. An election will not be accepted if

on Form 8832.

the eligible entity does not provide an EIN.

Line 4. If an eligible entity has only one

Note. Do not sign the copy that is attached to

owner, provide the name of its owner on line

your tax return.

▲

Do not apply for a new EIN for an

4a and the owner’s identifying number (social

Part II. Late Election Relief

existing entity that is changing its

security number, or individual taxpayer

classification if the entity already

Complete Part II only if the entity is requesting

identification number, or EIN) on line 4b. If the

has an EIN.

CAUTION

late election relief under Rev. Proc. 2009-41.

electing eligible entity is owned by an entity

that is a disregarded entity or by an entity that

Address. Enter the address of the entity

An eligible entity may be eligible for late

is a member of a series of tiered disregarded

electing a classification. All correspondence

election relief under Rev. Proc. 2009-41,

entities, identify the first entity (the entity

regarding the acceptance or nonacceptance

2009-39 I.R.B. 439, if each of the following

closest to the electing eligible entity) that is

of the election will be sent to this address.

requirements is met.

not a disregarded entity. For example, if the

Include the suite, room, or other unit number

1. The entity failed to obtain its requested

electing eligible entity is owned by

after the street address. If the Post Office

classification as of the date of its formation (or

disregarded entity A, which is owned by

does not deliver mail to the street address

upon the entity's classification becoming

another disregarded entity B, and disregarded

and the entity has a P.O. box, show the box

relevant) or failed to obtain its requested

entity B is owned by partnership C, provide

number instead of the street address. If the

change in classification solely because Form

the name and EIN of partnership C as the

electing entity receives its mail in care of a

8832 was not filed timely.

owner of the electing eligible entity. If the

third party (such as an accountant or an

2. Either:

owner is a foreign person or entity and does

attorney), enter on the street address line

not have a U.S. identifying number, enter

“C/O” followed by the third party’s name and

a. The entity has not filed a federal tax or

“none” on line 4b.

street address or P.O. box.

information return for the first year in which

the election was intended because the due

Line 5. If the eligible entity is owned by one or

Address change. If the eligible entity has

date has not passed for that year's federal tax

more members of an affiliated group of

changed its address since filing Form SS-4 or

or information return; or

corporations that file a consolidated return,

the entity’s most recently-filed return

provide the name and EIN of the parent

b. The entity has timely filed all required

(including a change to an “in care of”

corporation.

federal tax returns and information returns (or

address), check the box for an address

if not timely, within 6 months after its due

Line 6. Check the appropriate box if you are

change.

date, excluding extensions) consistent with its

changing a current classification (no matter

Late-classification relief sought under

requested classification for all of the years the

how achieved), or are electing out of a default

Revenue Procedure 2009-41. Check the box

entity intended the requested election to be

classification. Do not file this form if you fall

if the entity is seeking relief under Rev. Proc.

effective and no inconsistent tax or

within a default classification that is the

2009-41, 2009-39 I.R.B. 439, for a late

information returns have been filed by or with

desired classification for the new entity.

classification election. For more information,

respect to the entity during any of the tax

Line 7. If the entity making the election is

see Late Election Relief, later.

years. If the eligible entity is not required to

created or organized in a foreign jurisdiction,

file a federal tax return or information return,

enter the name of the foreign country in which

each affected person who is required to file a

it is organized. This information must be

federal tax return or information return must

provided even if the entity is also organized

have timely filed all such returns (or if not

under domestic law.

Form 8832 - Entity Classification Election Page 6

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