What is Form 8832? An Essential Guide for Small Business Owners

What is Form 8832?

Understanding and filing Form 8832 are crucial for small business owners, online sellers, and individuals looking to start a side hustle. This necessary tax form allows businesses to choose their preferred entity classification for federal tax purposes. This comprehensive blog post will explore the ins and outs of IRS Form 8832.

We’ll begin by defining what Form 8832 is, who needs to file it, and when it should be filed. Then, we will discuss the benefits of filing this form, from potential tax advantages to overall business growth opportunities. Our guide will aid you in completing Form 8832 without errors that could result in penalties, guiding you through the process smoothly.

Finally, we’ll provide valuable resources for further information on IRS Form 8832 so you can make informed decisions about your entity classification election.

Key Takeaways

  • Form 8832 is used by new LLCs to change their tax status, offering different taxation options depending on its structure.
  • Tax advisors provide expertise in tax planning, knowledge of current regulations, and prevent costly mistakes.
  • Form 8832 is a crucial document for small businesses that want to change their tax classification.
  • Small business owners, online sellers, and individuals starting a side hustle must file Form 8832 on time to grow their businesses.

Understanding IRS Form 8832

IRS Form 8832
A screenshot of the first portion of IRS Form 8832. (Seller Journal via irs.gov)

IRS Form 8832 is a crucial document for certain domestic and foreign businesses, as it allows them to choose their classification for tax purposes. By selecting the appropriate entity type, businesses may be able to save thousands of dollars every year. This form is particularly important for small business owners looking to grow their business, online sellers, and individuals starting a side hustle.

Purpose of filing Form 8832

The primary purpose of filing Form 8832 is to allow eligible entities like Limited Liability Companies (LLCs) or partnerships to elect how they want the Internal Revenue Service (IRS) to classify them for federal tax purposes. Depending on your specific circumstances and goals, you might find that changing your default entity classification can lead to significant tax savings or other benefits.

Benefits of choosing the correct entity classification

  • Tax Savings: Selecting an appropriate entity classification can help reduce your overall tax liability by allowing access to different taxation rates or deductions available only under certain classifications.
  • Simplified Recordkeeping: Some classifications have less stringent recordkeeping requirements than others which could simplify bookkeeping tasks while maintaining compliance with IRS regulations.
  • Better Business Growth Opportunities: Choosing the correct classification may open up new opportunities in terms of funding options or strategic partnerships that would not otherwise be available if operating under another designation.

To make a well-informed choice on whether or not filing Form 8832 is suitable for one’s situation, it is essential to comprehend the purpose of this form and who needs to file it. In the next section, we’ll explore when and who needs to file Form 8832.

Understanding IRS Form 8832 is critical in determining the proper entity classification for small business owners. With that knowledge, let’s explore when and who needs to file Form 8832.

Further Reading

Stuck on how to start an LLC in your state? We’ve put together guides on how to start an LLC in every U.S. state. Find your state here.

When and Who Needs to File Form 8832

Filing Form 8832 is not mandatory; however, if you are satisfied with your business’s default entity tax status, it is unnecessary to file it. Nevertheless, filling out this form can change its entity classification once every five years. Waiting is required after submission of the form before attaching a copy to an IRS return.

Eligibility Criteria for Filing Form 8832

To be eligible for filing Form 8832, your business must meet specific requirements set forth by the IRS. These include:

  • Your business should be an eligible domestic or foreign entity.
  • You must have an EIN to make your business eligible for the election.
  • The desired effective date of election should fall within specific timeframes provided in the instructions on Line 9 of the form.

Frequency and Timeline Restrictions

If you choose to change your entity classification using Form 8832, keep in mind that the IRS imposes frequency and timeline restrictions:

  • An initial classification election made upon formation does not count towards these limits.
  • A subsequent election cannot occur until at least sixty months after any prior elections have been filed unless granted special permission from the IRS.

Filing Form 8832 is essential for LLCs to ensure they are correctly classified and taxed accordingly. It is vital to be cognizant of the distinct tax classifications accessible when organizing an LLC.

Tax Classification Options for LLCs

New Limited Liability Companies (LLCs) use Form 8832 when they want to change their tax status. An LLC offers liability protection while having different taxation options depending on its structure – single-member or multi-member LLCs. A single-member LLC files taxes using Schedule C of Form 1040, while multi-member LLCs file Form 1065, but both types can elect corporate taxation instead if desired.

Single-Member vs Multi-Member LLC Taxation

single-member LLC, by default, is classified as a sole proprietorship for federal tax purposes. The business owner reports all income and expenses on their income tax return using Schedule C of Form 1040. The profits are subject to self-employment taxes in addition to regular income taxes.

In contrast, a multi-member LLC is treated as a partnership for federal tax purposes by default. This requires the company to file an annual information return called Form 1065, which details each member’s share of the profits and losses from the business operations during that year.

Electing Corporate Taxation

If you believe your small business could benefit from being taxed like a corporation rather than following its default classification, you can choose this option by filing IRS Form 8832 with your Entity Classification Election request within the specific time frames mentioned above.

  • C Corporation: An LLC can be taxed as a C Corporation by filing Form 8832. The company will face taxation of its earnings at the corporate tax rate, with any dividends given to shareholders being taxed once more as personal income.
  • S Corporation: To elect S Corporation status, an LLC must first file IRS Form 2553. The main advantage of this classification is that it allows for pass-through taxation, meaning the business’s profits are only taxed once at the individual level instead of being subject to double taxation like in a C corporation scenario.

It is essential to weigh the pros and cons of each entity classification before making your decision. Consulting with a knowledgeable tax professional can help you make an informed choice based on your circumstances and long-term goals.

Realizing the various tax types for LLCs is essential to make an informed choice. Seeking professional advice before filing can help ensure your business complies with all applicable laws and regulations.

Seeking Professional Advice Before Filing

If you wish to reclassify your business or have questions about which election would best suit your needs in terms of potential savings or compliance requirements, then consulting with an experienced Block Advisors certified small-business-tax professional could prove invaluable in making informed decisions regarding these matters moving forward within legal guidelines set forth by relevant authorities such as the Internal Revenue Service (IRS).

Importance of Tax Consultation

  • Tax planning: A tax advisor can help you plan and strategize for future growth while minimizing tax liabilities.
  • Tax law expertise: They know about current tax laws and regulations that apply to your situation.
  • Avoid costly mistakes: Consulting a professional before filing Form 8832 can prevent errors that may lead to penalties or additional taxes owed.

Finding the Right Tax Advisor

To find a qualified tax advisor who specializes in small businesses, consider the following tips:

  1. Gather recommendations from peers: Contact other small business owners, online sellers, or individuals involved in side hustles for referrals. This will give you insight into their experiences working with different professionals.
  2. Vet credentials: Prioritize advisors who hold certifications like Enrolled Agent (E.A.), Certified Public Accountant (CPA), or Accredited Business Accountant/Advisor (ABA). These designations indicate they possess specialized knowledge and experience for handling complex tax issues related to entity classification elections. The IRS maintains a directory of Federal Tax Return Preparers with Credentials and Select Qualifications that can help you find a qualified professional.
  3. Interview potential advisors: Before hiring an advisor, schedule consultations to discuss your needs and gauge their expertise. Inquire about their background in working with businesses comparable to yours and if they provide supplementary services (e.g., bookkeeping or payroll).

Taking the time to consult with a tax professional before filing Form 8832 can save you money in the long run by ensuring that your business is classified correctly for federal tax purposes. This will also give you peace of mind knowing that all necessary compliance requirements have been met.

Before filing Form 8832, consulting with a knowledgeable tax professional is recommended to ensure adherence to all pertinent rules. Proper guidance and prep can make filing your form more straightforward and efficient.

Filing Process and Required Information

When filing Form 8832, understanding the process and having all the necessary information are crucial. Whether you file online or via paper submission, being well-prepared can save you time and help ensure a smooth experience.

Online vs Paper Submission

You have two options when submitting your IRS Form 8832: online or paper submission. Filing online has advantages, such as faster processing times and instant confirmation of receipt by the IRS. You will need an account with the Electronic Federal Tax Payment System (EFTPS) to submit electronically.

If you prefer traditional methods or do not have access to EFTPS, mailing a physical copy of your completed form is also acceptable. Send your form to Internal Revenue Service Center – Treasury Internal Revenue Service Ogden UT 84201-0023 for domestic entities or P.O. Box 409101 Ogden UT 84409 for foreign entities.

Obtaining an EIN for Filing Purposes

  • Employer Identification Number (EIN): An essential information required on Form 8832 is your business’s Employer Identification Number (EIN). If you don’t already have one, apply for an EIN through the IRS website. This unique nine-digit number identifies your business entity with federal tax authorities and is necessary for filing various tax forms.
  • Entity Classification Election: On Form 8832, you must indicate your desired entity classification election. This can be a C corporation, an S corporation (by filing IRS Form 2553), or a partnership if applicable.
  • Effective Date: You must specify the effective date of the election on Line 9 of the form. The IRS instructions guide determining this date based on when you file and other factors.

In addition to these key pieces of information, ensure that all relevant sections are filled out accurately and completely before submitting your form. Consult with your tax advisor for any questions or concerns during this process.

Filing Form 8832 is a complex process that requires careful attention to detail and an understanding of the required information. With this in mind, it’s essential to know the due dates for filing and any late election relief provisions when submitting Form 8832.

Form 8832 Due Dates and Late Election Relief

It is essential to be aware of the due dates when filing Form 8832 and understand the late election relief options provided by the IRS. This ensures that businesses remain compliant with all federal regulations governing such matters while potentially saving thousands of dollars annually on taxes.

Adhering to form due dates

Filing Form 8832 promptly is crucial for small business owners looking to grow their business, online sellers, and individuals starting a side hustle. The effective date of your entity classification election depends on when you file this form:

  • If filed within 75 days before or after the requested effective date: Your election will take effect on the requested date.
  • If filed more than 75 days after the requested effective date: Your election will take effect retroactively up to three years and 75 days before receiving your completed form at Treasury Internal Revenue Service Ogden UT 84201-0023.

Understanding late election relief provisions

Sometimes, businesses may qualify for late election relief if they miss their filing deadline. To request this relief, filers must explain why they failed to meet the required timeline and any supporting documentation proving reasonable cause for missing it.

The IRS provides detailed instructions regarding these provisions in its instructions for Form 8832. Suppose you think you are qualified for late-election relief but don’t know how to go about it or what data should be included. In that case, a professional tax advisor should be consulted to guarantee an accurate and compliant application submission.

By staying informed about Form 8832 due dates and late election relief provisions, small business owners can make the most of their entity classification elections for federal tax purposes. This not only helps them remain compliant but also allows them to potentially save money on taxes each year, contributing to overall business growth and success.

Frequently Asked Questions Form 8832

What is the explanation of Form 8832?

Form 8832 is an IRS document used by eligible business entities, such as LLCs and partnerships, to elect their tax classification. By filling this form, businesses can be taxed as a C corporation, S corporation, or partnership. This election allows flexibility in tax treatment and may provide potential tax advantages.

What are the benefits of filing Form 8832?

Filing Form 8832 allows businesses to select their preferred tax classification. Benefits include potential tax savings through lower corporate rates or pass-through taxation for owners, increased credibility with lenders and investors due to formalized structure, and easier conversion between entity types if needed.

Why would an LLC file Form 8832?

An LLC might file Form 8832 to change its default tax classification (disregarded entity for single-member LLCs or partnership for multi-member LLCs) to take advantage of specific benefits offered by other classifications like C corporations or S corporations. These benefits could include lower taxes or more favorable distribution rules.

What is the 75-day rule for Form 8832?

The 75-day rule states that a business must file Form 8832 within 75 days before or after its desired effective change date in tax classification. If filed outside this window, the IRS will generally apply the new classification on either January first of next year (if late) or retroactively up to two years back (if early).


Filing Form 8832 can provide numerous advantages that could help you expand your business and allow you to decide how it will be taxed. By filing Form 8832 correctly and on time, you can avoid penalties and ensure that your business is set up for success.

If you need aid or more data concerning Form 8832, there are lots of sources accessible both online and through expert services. Don’t hesitate to reach out if you have any questions!

If you’re ready to take the next step in growing your business, check out Seller Journal, a comprehensive resource for online sellers and entrepreneurs. From tips on marketing and sales to advice on taxes and legal issues, Seller Journal has everything you need to succeed.


The Seller Journal may receive a commission from purchases made through links in this post. Click here to learn more about how we treat affiliate links and content that contains them. As an Amazon Associate, The Seller Journal earns from qualifying purchases.