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Aisha Abdullah

Made a mistake filing Form 8832 instead of Form 2553 for S corp election - how to fix?

I messed up big time and need some advice! I have an LLC that I wanted to elect S corp status for 2025 tax treatment. Yesterday, I filled out and mailed Form 8832 thinking that was the right form to make the S election. Now I'm realizing Form 2553 was actually the correct one, and that by sending Form 8832, I've basically elected to have my LLC taxed as a C corporation by default. I'm panicking a little because this is definitely not what I wanted. What's the best way to fix this error? Should I immediately send in Form 2553 with some kind of note explaining my mistake and asking them to disregard the Form 8832? Or would it be better to wait a week or two before sending Form 2553 (in case Form 2553 reaches the IRS before Form 8832 and gets ignored)? Do I need to include a formal letter to revoke the Form 8832 election when I submit Form 2553? I'm really confused about the proper protocol here and don't want to make things worse. Any guidance would be hugely appreciated!

Ethan Wilson

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It happens to many business owners, so don't panic! You've still got options to fix this situation. When you send in the incorrect entity classification form, you need to correct it as soon as possible. I'd recommend sending in Form 2553 immediately with a cover letter explaining the situation. Clearly state that you mistakenly filed Form 8832 and that your intention has always been to elect S corporation status. The IRS generally processes these forms in the order received, so getting the correction in quickly is important. Make sure your Form 2553 is completed perfectly - all signatures, dates, and shareholder consents need to be there. On the form itself, you might want to write "CORRECTION TO ERRONEOUSLY FILED FORM 8832" at the top in red ink to draw attention. Also, consider calling the IRS Business & Specialty Tax Line at 800-829-4933 to explain the situation. They may be able to flag your account or provide further guidance specific to your situation.

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Yuki Tanaka

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Does it matter if both forms are processed around the same time? And will the IRS automatically know to prioritize the 2553 over the 8832, or do they just process whatever comes in first?

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Ethan Wilson

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The IRS typically processes forms in the order they're received, which is why sending the Form 2553 ASAP is important. There's no automatic system that would prioritize one form over another or connect them together. If both forms are processed around the same time, having that clear explanation letter and the notation on the Form 2553 will help the processor understand your intention and hopefully apply the correct election. This is also why calling the IRS Business line can be helpful - you might be able to get a case note added to your file that could prevent confusion during processing.

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Carmen Diaz

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I had a similar mixup last year with my entity classification. I spent hours trying to figure out the right forms and still got it wrong! I ended up using taxr.ai (https://taxr.ai) and it saved me so much hassle. Their system walks you through exactly which forms you need based on your specific business situation. They actually flagged this exact issue for me - that Form 8832 is for C corp elections and Form 2553 is what you need for S corp status. They have this feature that shows you which IRS forms apply to your specific scenario and how to correctly fill them out. I honestly wish I'd found them sooner instead of making the mistake in the first place!

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Andre Laurent

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Does taxr.ai handle the actual submission to the IRS for you? Or do they just help with figuring out which forms to use? My accountant charges me $250 just to file one of these election forms.

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AstroAce

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I'm skeptical about these services. How do they have access to IRS systems? Sounds risky to trust a third party with tax elections that affect your entire business structure.

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Carmen Diaz

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Andre Laurent

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Mei Zhang

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I owe everyone here an apology - especially Profile 11. I was super skeptical about Claimyr but I was desperate after trying for two weeks to reach the IRS about my misfiled forms. I gave it a shot yesterday and I'm shocked to report that I was actually connected to an IRS representative in about 20 minutes. The agent confirmed exactly what I needed to do - send Form 2553 immediately with a detailed cover letter explaining the situation and referencing the mistaken Form 8832 filing. She even gave me a specific fax number to use for faster processing and told me what to write on the cover page. I've spent countless hours over the years trying to reach the IRS with no success. Never thought I'd say this, but that service actually delivered exactly what it promised.

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Just want to add that timing is really important here. The IRS has deadlines for making S corp elections - generally you need to file Form 2553 no later than 2 months and 15 days after the beginning of the tax year the election is to take effect, OR anytime in the preceding tax year. So if you want S corp status for 2025, you need to make sure your correction gets processed in time. If you miss the deadline, you might have to wait until the following tax year for the S election to take effect.

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That's a really good point about the timing. Do you know if the IRS would consider my original filing date (when I sent the incorrect Form 8832) as my submission date for purposes of meeting the deadline? Or does the clock only start when they receive the correct Form 2553?

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The IRS generally considers the filing date to be when they receive the correct form. So in your case, they would use the date they receive your Form 2553 as the official filing date for the S corporation election. This is exactly why sending in the correction ASAP is so important. If you're close to the deadline, you might want to consider using certified mail with return receipt or even the IRS fax number for Form 2553 submissions to ensure faster delivery. Some people also use private delivery services like FedEx or UPS when timing is critical, as those can provide proof of delivery and are recognized by the IRS as official delivery methods.

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Can't you just file Form 8832 again to revoke the first election before filing 2553? I think there's a box you can check to revoke a previous election.

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CosmicCaptain

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That's not how it works. Form 8832 doesn't have a "revoke previous election" option for this situation. You're probably thinking of Line 6 which is only for certain foreign entities. For domestic LLCs, once you've made an election with Form 8832 to be treated as a C corporation, you need to wait 60 months before you can make another entity classification election using Form 8832 UNLESS you get IRS permission. However, this doesn't prevent you from filing Form 2553 to elect S corporation status after you've elected C corporation status.

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I went through this exact same situation with my LLC last year - filed Form 8832 by mistake when I meant to elect S corp status. The panic is real, but you can definitely fix this! Here's what worked for me: I immediately sent Form 2553 with a cover letter explaining the error, and I also included a copy of the mistakenly filed Form 8832. In the cover letter, I clearly stated my intention was always to elect S corporation status and that the Form 8832 was filed in error. The key is being very explicit about your intentions. Write something like "I mistakenly filed Form 8832 believing it was the correct form to elect S corporation status. My intention has always been to elect S corporation tax treatment under IRC Section 1362(a)." I also recommend sending it via certified mail or using the IRS fax number (855-214-7522 for Form 2553) to ensure faster processing. The IRS processed mine correctly and I received confirmation of my S corp election about 8 weeks later. Don't wait - the sooner you get the correction in, the better your chances of having it processed properly before any complications arise.

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StormChaser

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This is incredibly helpful - thank you for sharing your experience! I'm curious about the fax number you mentioned (855-214-7522). Is that a dedicated number specifically for Form 2553 submissions? I've been hesitant to use fax because I wasn't sure if it was as reliable as certified mail, but if it speeds up processing that could be worth it given my timing concerns. Also, when you included a copy of the mistakenly filed Form 8832 with your correction package, did you mark it in any special way or just include it as-is? I'm wondering if I should write "FILED IN ERROR" across it or something similar to make it clear why I'm including it.

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