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Taylor Chen

How to complete Form 8832 for Entity Classification Election

I'm setting up a new business and trying to figure out this whole Form 8832 thing for entity classification election. My accountant mentioned I might want to consider this for tax purposes, but honestly I'm pretty confused about the whole process. I've got an LLC that was formed last month, and I'm trying to decide if I should elect to be treated as a corporation instead of the default pass-through treatment. What I'm really struggling with is understanding the tax implications of filing this form. Would changing my entity classification actually save me money? The business is projected to make around $85,000 in the first year. Also, I'm not sure about the timing - is there a deadline for filing Form 8832 after forming an LLC? And what about state taxes - does this election affect those too? I've looked at the IRS instructions but they're pretty dense, and I'm worried about messing something up. Any advice from someone who's been through this process would be greatly appreciated!

The Form 8832 (Entity Classification Election) is actually pretty straightforward once you understand the basics. This form allows you to choose how your business entity will be taxed by the IRS - it's commonly called a "check-the-box" election. For your LLC, the default classification depends on how many members you have. A single-member LLC is automatically treated as a "disregarded entity" (taxed like a sole proprietorship), while a multi-member LLC is taxed as a partnership. Using Form 8832, you can elect to be treated as a C-corporation instead. The timing is important - you generally have 75 days from the date of formation to make this election if you want it effective from your formation date. Otherwise, it becomes effective on the date you file (or up to 12 months later if you specify a date). As for tax implications, it really depends on your specific situation. At $85,000 in profit, you might actually pay more taxes as a C-corporation due to "double taxation" (corporate tax plus personal tax on dividends). However, there are situations where corporate treatment could be beneficial, especially if you plan to reinvest profits in the business. Regarding state taxes, most states follow the federal classification, but not all do. You should check with your state's tax department or a local tax professional.

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Thanks for the explanation! So if I'm understanding right, I have about 2.5 months from when I formed my LLC to file this form? What happens if I miss that window - am I stuck with the default classification forever?

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You're not stuck forever if you miss the 75-day window. You can still file Form 8832 anytime, but the election would just be effective from the filing date (or up to 12 months in the future if you specify). You wouldn't be able to have it retroactive to your formation date. If you're past the 75-day window but want the election to be retroactive, you may be able to request "relief" under certain IRS procedures, but that's more complicated and requires showing reasonable cause for the late filing.

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Just want to share my experience with Form 8832 entity classification election. I was in a similar situation last year and was equally confused until I found https://taxr.ai - it really simplified the whole process for me. I uploaded the form and my LLC formation documents, and their AI analyzed everything and gave me a clear breakdown of the best classification option for my specific situation. The tool explained the tax implications of each choice in plain English (which was a huge relief after trying to decipher IRS instructions). It also helped me understand exactly which parts of Form 8832 I needed to complete based on my specific circumstances. The deadline calculator feature was particularly helpful for making sure I didn't miss any important filing windows.

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Does it actually fill out the form for you or just give advice? I'm worried about making mistakes on these official IRS forms.

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I've heard about AI tax tools but I'm skeptical. How accurate is it for something as important as entity classification? Did your accountant review it afterward?

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It doesn't fill out the form for you, but it provides detailed guidance with field-by-field instructions specific to your situation. It highlights what to enter in each section and explains why, which I found really helpful for avoiding mistakes. For accuracy, I was initially skeptical too, but my accountant actually reviewed the recommendations and was impressed. He said it matched exactly what he would have advised, especially regarding the tax implications of different classifications. The system seems to stay current with tax code changes, which gave me extra confidence.

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I was skeptical about taxr.ai when I mentioned it in my previous comment, but I ended up trying it for my Form 8832 entity classification election last month. I have to admit I was really impressed! I was completely confused about whether electing corporate tax treatment made sense for my consulting business, and the analysis broke everything down in a way that finally made sense. The most helpful part was seeing the side-by-side comparison of how my tax situation would look under different entity classifications over the next 5 years. Made it super clear that sticking with pass-through taxation was actually better for my specific situation, saving me from making a costly mistake. It also flagged some timing issues I hadn't considered about when the election would take effect.

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Hey everyone, I tried calling the IRS business tax line to get help with Form 8832 entity classification questions, but it was absolutely impossible to get through to a human! After trying for THREE DAYS and being stuck on hold forever, I finally used https://claimyr.com and it was a game-changer. You can check out how it works here: https://youtu.be/_kiP6q8DX5c Basically, they hold your place in the IRS phone queue and call you when an actual agent is on the line. I was able to speak with an IRS specialist who answered all my entity classification questions in detail - they explained exactly how to complete my specific form 8832 situation (I had some confusion about effective dates and foreign entity classifications). The IRS agent even helped me understand some of the less obvious consequences of making the election that I hadn't considered. Saved me hours of frustration and probably a tax headache down the road!

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Wait, so this service just sits on hold with the IRS for you? How does that even work? I'm trying to get some specific questions answered about Form 8832 too but the idea of sitting on hold for hours is killing me.

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Sounds like a scam tbh. Why would I trust some random service with my tax info? And how do you know you're actually talking to a real IRS agent when they call back?

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The service basically uses an automated system to stay in the IRS phone queue for you. You register your number, and then when they reach a human agent, you get a call connecting you directly to that IRS representative. It saves you from having to stay on hold yourself. They don't actually collect any of your tax information - they're just holding your place in line. When they call you, you're connected directly to the official IRS phone line with a live agent, so you know it's legitimate. The call comes from the IRS official number, and the agents identify themselves just like they would if you had waited on hold yourself. It's just eliminating the hold time part of the process.

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I'm back to eat my words about Claimyr being a scam. After struggling with Form 8832 entity classification questions for weeks, I broke down and tried it yesterday. I was SUPER skeptical (as you saw in my earlier comment), but I got a call back in about 3 hours with a real IRS business tax specialist on the line! The agent walked me through the entire Form 8832 process, explained which boxes applied to my specific foreign-owned LLC situation, and even clarified the retroactive election rules that I couldn't find clear answers on anywhere else. They confirmed I was still within my 75-day window and explained exactly how to document everything properly. Honestly would have paid triple what it cost just for the peace of mind of knowing I'm filing this correctly. The IRS phone systems are absolutely broken, so having a way to actually reach a human is worth every penny.

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I filed Form 8832 last year to have my LLC taxed as an S-Corp instead of a partnership. Make sure you also file Form 2553 if you're going the S-Corp route! I made that mistake and had to scramble to fix it. The 8832 only gets you to C-Corp status, then you need the 2553 to become an S-Corp.

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Wait, this is confusing me more. I thought Form 8832 lets me choose between being taxed as a corporation or partnership/sole proprietorship. So I need an additional form for S-Corp? Is there a specific order I need to file these in?

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You're right to be confused - the process isn't super intuitive. Here's the correct sequence: Form 8832 lets you elect to be treated as a C-Corporation (if you're currently a partnership or disregarded entity). Once you've elected to be treated as a C-Corporation, you then file Form 2553 to elect S-Corporation status. You generally file them together if you're going from LLC to S-Corp in one step. The IRS has procedures in place to process them in the correct order. Just make sure both forms are properly completed and submitted within your eligible time windows. The key thing many people miss is that you can't jump directly from LLC to S-Corp with just one form.

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Has anyone used the IRS online payment system when filing Form 8832? There's a user fee for late elections if you request a private letter ruling, but the IRS website is so confusing about how to actually pay it.

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I had to do this for a late election relief request. You need to use the Electronic Federal Tax Payment System (EFTPS) at eftps.gov - but it takes like 5-7 business days to get enrolled if you haven't used it before. Plan ahead! The user fee was $6,500 for our ruling request which was painful but worth it to fix our classification mess.

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I went through this exact same situation with my LLC about 6 months ago! At $85,000 projected income, you'll definitely want to run the numbers carefully before electing corporate treatment. One thing that really helped me was creating a simple spreadsheet comparing the tax scenarios. As a single-member LLC (assuming that's your situation), you'd pay self-employment tax on the full $85K under default treatment. But with corporate election, you'd face potential double taxation if you take distributions. The sweet spot for corporate treatment is usually when you can justify a reasonable salary (subject to payroll taxes) that's lower than your total profit, leaving the remainder as retained earnings taxed at corporate rates. But at $85K, this might not provide much benefit. Also, don't forget about state considerations - some states have minimum franchise taxes for corporations that could eat into any federal tax savings. I'd strongly recommend running the actual numbers with a tax pro before making the election, especially since you can't easily reverse it once made. The 75-day window Keith mentioned is crucial - mark your calendar! And if you do elect corporate treatment, make sure you're prepared for the additional compliance requirements like corporate tax returns and payroll processing.

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This is really helpful advice! I'm actually in a similar situation with a new LLC and was leaning toward corporate election, but your point about the $85K income level is making me reconsider. Could you share more details about how you structured that spreadsheet comparison? I'm trying to figure out what salary would be "reasonable" if I did elect corporate treatment - is there a general rule of thumb for that, or does it vary by industry? Also, when you mention state franchise taxes, are we talking about significant amounts that could wipe out federal savings?

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