Filed for EIN with Wrong Entity Classification - How Do I Fix My Partnership LLC Mistakenly Set As Corporation?

You definitely need to file Form 8832 (Entity Classification Election). This is the proper form to correct entity classification errors. The good news is that the IRS does have relief provisions for exactly your situation! For LLCs that were formed within the last 3-3.5 years, you can request late election relief directly on the Form 8832 itself. Check Box 6 in Part I and attach a statement explaining why you're filing late (simple explanation: miscommunication when applying for EIN, always intended to be treated as a partnership). When you file Form 8832, make sure to: - Check the box for "Partnership" as your desired classification - Request an effective date that matches your LLC formation date - Include your state LLC formation documents - Include a statement explaining the mistake was unintentional - Have all LLC members sign the form The IRS commonly grants relief in these situations when the intent is clear. The general letter approach rarely works because it doesn't go through the proper channels. And getting a new EIN is absolutely the wrong approach - it would create more problems than it solves.

I went through something similar last year, and honestly, taxr.ai was a lifesaver for me. I was completely lost in all the IRS forms and requirements for correcting my entity classification issue. I had mixed up my LLC election too and was getting different advice from everyone. I uploaded my EIN letter, state documents, and filled out Form 8832 on https://taxr.ai first to make sure everything was correct. Their system flagged a few issues with how I completed the form that would have caused problems - especially with the effective date selection and the required statements for late relief. They guided me through exactly what supporting documents I needed to include and how to word my explanation. The best part was they helped me draft the perfect reasonable cause statement that explained my situation clearly to the IRS. Got my correction processed within about 45 days and saved me a ton of stress.

I went through something similar last year, and honestly, taxr.ai was a lifesaver for me. I was completely lost in all the IRS forms and requirements for correcting my entity classification issue. I had mixed up my LLC election too and was getting different advice from everyone. I uploaded my EIN letter, state documents, and filled out Form 8832 on https://taxr.ai first to make sure everything was correct. Their system flagged a few issues with how I completed the form that would have caused problems - especially with the effective

Just wanted to update everyone. I was skeptical about using taxr.ai at first, but after struggling with this exact issue for months, I decided to give it a try. I'm honestly amazed at the results. The system immediately identified that I needed to use the "check-the-box" regulations through Form 8832, and helped me create the perfect reasonable cause statement explaining my situation. They even flagged that I was using the wrong effective date on my form which would have caused issues. I submitted everything exactly as recommended and just got confirmation from the IRS yesterday that my entity classification has been corrected retroactively to my formation date. The whole process took about 7 weeks from submission to approval. The most valuable part was having the confidence that I was doing everything correctly. Would definitely recommend for anyone in a similar situation!

I had almost the exact same problem last year. After waiting on hold with the IRS for 3+ hours multiple times and never getting through, I finally tried https://claimyr.com which let me skip the IRS phone queue. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c I was connected to an IRS agent within about 15 minutes, and they confirmed that Form 8832 was definitely the right approach. The agent even gave me specific guidance on how to phrase my reasonable cause statement to improve my chances of approval. This saved me SO much time compared to sending letters that never get responses or trying to decode confusing IRS guidance online. The agent also gave me a reference number for the call which I included with my Form 8832 submission as additional documentation.

Just wanted to follow up on my skeptical comment about Claimyr. I decided to try it as a last resort after spending another 3 hours on hold with the IRS yesterday only to have the call dropped. I was absolutely wrong - the service works exactly as advertised. I got a call back in about 20 minutes saying they had an IRS agent on the line, and I was connected immediately. The agent confirmed everything about Form 8832 and late relief provisions, plus gave me specific advice for my situation. This was particularly helpful because the agent clarified that I needed to check a specific box on the form that isn't obvious, and confirmed that my reasonable cause statement was sufficient. They also told me the current processing time is around 60 days, which helps with my planning. Really glad I gave this a try instead of wasting more hours on hold or waiting months for letters that never get responses.

One important thing no one has mentioned yet - make sure you understand the tax implications of your original incorrect filing! If you were classified as a corporation since 2023, you might have had different filing requirements that are now past due. For example, if you were technically a C-corporation, you should have filed Form 1120. If no corporate tax return was filed, you could be facing penalties even while correcting the classification. You might want to discuss with your accountant whether you need to: 1. File the originally required returns based on the incorrect classification 2. Wait for the Form 8832 to be processed, then file as a partnership 3. File a protective claim to avoid penalties This stuff gets complicated fast, and the right approach depends on your specific situation and how much time has passed.

Just to throw in my experience - I made the exact same mistake but waited WAY too long to correct it (2+ years). Ended up having to file returns under the wrong classification, then file amended returns after the Form 8832 was processed. My advice: - File Form 8832 ASAP - Send it certified mail with return receipt - Keep checking the IRS Business Master File (you can call and ask about your entity status) - Pay attention to deadlines! File extensions if needed - Consider using an enrolled agent who specializes in business tax issues The process took about 4 months for me, but it did eventually get corrected. The partnership return filing was much more advantageous for my situation than the corporate return.

I've been through this exact situation with my LLC! The key thing to understand is that you're still well within the window to fix this. The IRS has specific relief provisions for late entity classification elections, especially when the mistake was unintentional. Here's what worked for me: **Form 8832 is definitely the right approach** - forget about getting a new EIN, that would create a mess. You'll want to: 1. File Form 8832 and check the box for "Partnership" classification 2. Request the effective date to be your LLC formation date (retroactive) 3. Check Box 6 for late election relief and attach a detailed statement explaining the mistake 4. Include all your LLC formation documents as supporting evidence 5. Make sure all LLC members sign the form **For the reasonable cause statement**, be specific about what happened - mention that there was confusion during the EIN application process and that you always intended partnership treatment. The IRS is usually reasonable about these situations when it's clear the mistake was unintentional. **Timeline-wise**, 8 months is totally fine for correction. I've seen cases where people corrected this after 2+ years. The current processing time is running about 60-90 days. One tip: send it certified mail to the address specified in the Form 8832 instructions (not the same as where you send tax returns). Keep that receipt - you'll want proof of submission. Since you haven't filed any returns yet, you're in a much better position than people who have to deal with amending prior filings. Just wait for the Form 8832 to be processed before filing your first partnership return.

I'm dealing with a very similar situation right now! My business partner and I formed our LLC in early 2024 and made the exact same mistake - accidentally selected corporation instead of partnership when applying for our EIN. After reading through all these responses, I'm feeling much more confident about using Form 8832. The advice about including a clear reasonable cause statement and sending it certified mail is spot on. I was also getting conflicting advice from different sources, but the consensus here seems pretty clear. One thing I'm curious about - has anyone here had experience with how this affects state tax filings? Our state requires separate business registration, and I'm wondering if correcting the federal classification creates any issues at the state level or if they're completely separate processes. Also, for those who successfully got their corrections processed, did you receive any kind of formal confirmation letter from the IRS, or do you just check your entity status somehow? I want to make sure I know definitively when the correction has gone through before filing our first partnership return. Thanks to everyone who shared their experiences - this thread has been incredibly helpful for understanding the process!

I went through this exact same situation with my multi-member LLC about 18 months ago! The stress and confusion you're feeling is totally understandable - getting different advice from multiple IRS agents is unfortunately pretty common with these classification issues. Here's what I learned from my experience: **Form 8832 is absolutely the correct approach.** Don't get a new EIN - that will create way more problems down the road. The IRS has established procedures specifically for correcting entity classification mistakes, and Form 8832 with late election relief is the proper channel. **You're definitely still within the reasonable timeframe.** 8 months is nothing compared to some cases I've seen corrected. The key is demonstrating that the mistake was unintentional and that you always intended partnership treatment. **My process that worked:** - Filed Form 8832 requesting partnership classification retroactive to LLC formation date - Included a one-page reasonable cause statement explaining the EIN application confusion - Attached copies of our LLC operating agreement and state formation documents - Had both members sign the form - Sent everything certified mail to the address in the Form 8832 instructions The IRS processed mine in about 75 days and sent a confirmation letter. Since you haven't filed any tax returns yet under either classification, your situation is actually much cleaner than mine was. Don't let this stress you out too much - the IRS deals with these corrections regularly and they're reasonable when the intent is clear. You've got this!

I'm going through almost the identical situation right now! My partner and I formed our LLC in December 2023 and just discovered we made the same mistake - selected corporation instead of partnership when getting our EIN. It's been about 7 months for us, so very similar timeline to yours. Reading through all these responses has been incredibly helpful. The consensus seems clear that Form 8832 is the right path forward, and I'm relieved to see multiple people confirm that 8+ months is still very much within the correction window. What really struck me was the advice about the reasonable cause statement - I was overthinking how complex it needed to be, but it sounds like a straightforward one-page explanation focusing on the unintentional mistake and always intending partnership treatment is the way to go. The certified mail suggestion is definitely something I'm going to follow. Like you, we sent a general letter months ago and got complete silence. Having proof of delivery for the Form 8832 seems crucial. One thing I'm curious about - have you started preparing the Form 8832 yet? I'm wondering if it makes sense to get everything ready and review it carefully before sending, or if there's any urgency to get it submitted ASAP. Since we're both in similar timeframes, I'm trying to gauge if there's any advantage to acting quickly versus taking time to make sure everything is perfect. Thanks for posting about this - it's so reassuring to know others have dealt with this exact situation successfully!

I've been following this thread closely as someone who went through a very similar entity classification correction about a year ago. Just wanted to add a few practical tips that might help streamline your process: **Double-check the mailing address** - The Form 8832 goes to a specific IRS service center based on your state, NOT the same address where you send regular tax returns. I initially sent mine to the wrong address and had to resend, which delayed everything by about 6 weeks. **Include a cover letter** - While not required, I found it helpful to include a brief cover letter that summarized what was enclosed (Form 8832, reasonable cause statement, supporting documents) and referenced your EIN clearly. This seemed to help with processing. **Keep detailed records** - Make copies of everything and keep your certified mail receipt. I actually created a simple timeline document showing: LLC formation date → EIN application date → discovery of error → Form 8832 submission date. This helped when I later needed to reference the correction for other business purposes. **Consider timing with tax filings** - Since you haven't filed any returns yet, you're in great shape. But if you're approaching any filing deadlines, remember you can file an extension to give yourself breathing room while the Form 8832 processes. The IRS really is reasonable about these mistakes when you follow the proper procedures. Form 8832 with late relief is definitely your answer - don't second-guess that decision!

I went through this exact situation with my LLC partnership about 6 months ago! The frustration of getting different advice from multiple IRS agents is so real - I literally got four different answers from four different people, which made me question everything. Here's what actually worked for me: **Form 8832 is 100% the right approach.** The other suggestions you got (new EIN, general letters) are either wrong or ineffective. Form 8832 with late election relief is the established procedure for exactly this situation. **Your timeline is completely fine.** I corrected mine after about 10 months, and the IRS processed it without any issues. The key is demonstrating reasonable cause, which you clearly have since this was an unintentional error during the EIN application. **My successful process:** - Filed Form 8832 requesting partnership classification - Requested effective date matching our LLC formation date (retroactive) - Checked Box 6 for late election relief - Included a concise reasonable cause statement (about 3/4 page) explaining the EIN application confusion - Attached our state LLC formation documents and operating agreement - Both partners signed the form - Sent via certified mail to the specific address in Form 8832 instructions The IRS processed mine in about 8 weeks and sent a confirmation letter. Since you haven't filed any tax returns under either classification yet, your situation is actually much cleaner than many others. Don't stress too much about this - the IRS handles these corrections regularly and they're reasonable when the mistake is clearly unintentional. You've got a straightforward path forward with Form 8832!