Form 8832: How Will Your Business Be Taxed? (Entity Classification Picker)

Updated · Reviewed by Deepak Middha, Chartered Accountant

The short answer

Form 8832 lets an eligible business entity — an LLC or partnership — choose to be taxed as a corporation, a partnership or a disregarded entity. Without it, a US entity with two or more owners is a partnership and one with a single owner is disregarded. To become an S corporation, you file Form 2553 instead, not Form 8832.

How will your business be taxed?

Your business
Taxed by default as
Disregarded entity (taxed with its owner)

A US single-owner LLC is disregarded by default and files nothing to keep that.

It can elect to be:
  • Corporation (C corporation) (Form 8832)
  • S corporation, if it qualifies (Form 2553 — no Form 8832 needed)

Form to file: None to keep the default; Form 8832 to elect a different classification; Form 2553 for S corporation status.

What to do next: compare what each choice costs in tax with the LLC / S-corp calculator, and see the Form 2553 guide if S corporation status is the goal.

Timing: An election can take effect no more than 75 days before the date it is filed, and no later than 12 months after the date it is filed.
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Key takeaways

Default tax classification: the table

Source: Form 8832 instructions, “Default Rules”. Some foreign entity types are always corporations.
EntityDefault without Form 8832Can elect
US LLC or partnership, 2+ ownersPartnershipCorporation (8832) or S corporation (2553)
US LLC, 1 ownerDisregarded entityCorporation (8832) or S corporation (2553)
US corporation (incorporated under state law)CorporationNo 8832 election; S corporation via 2553 if eligible
Foreign entity, 2+ owners, at least one without limited liabilityPartnershipCorporation (8832)
Foreign entity, every owner with limited liabilityCorporation (association)Partnership if 2+ owners, or disregarded if 1 (8832)
Foreign entity, 1 owner without limited liabilityDisregarded entityCorporation (8832)

A disregarded single-owner LLC run by an individual reports on Schedule C. To see what corporation or S corporation treatment would do to the tax bill, run the LLC / S-corp calculator.

Form 8832 vs Form 2553

Sources: Form 8832 instructions; Instructions for Form 2553.
Form 8832Form 2553
ElectsC corporation, partnership or disregarded entityS corporation
Who uses itEligible entities (LLCs, partnerships, eligible foreign entities)Corporations, and eligible entities that want S status
TimingEffective up to 75 days before filing, or up to 12 months afterWithin 2 months and 15 days of the start of the tax year, or any time in the year before
File both?No — not for an entity electing S statusCovers the corporate election as well

The S corporation decision itself — whether the payroll-tax saving is worth it — is covered in the Form 2553 guide.

Late Form 8832 election relief

An entity that failed to get its intended classification solely because Form 8832 was filed late may qualify for relief under Rev. Proc. 2009-41 by filing Form 8832 within 3 years and 75 days of the requested effective date, if it meets the procedure's other conditions (including having filed returns consistent with the intended classification) and explains in Part II why the election was late. Otherwise relief requires a private letter ruling.

Frequently asked questions

What is Form 8832 used for?

Form 8832, Entity Classification Election, is how an eligible business entity — an LLC, a partnership, or a foreign entity that is not automatically a corporation — chooses to be taxed as a corporation, a partnership, or an entity disregarded from its owner. It is often called the check-the-box election. If you are happy with the default classification, you do not file it.

Does a single-member LLC need to file Form 8832?

No, not to keep its default. A US LLC with one owner is a disregarded entity unless it elects otherwise, so its income is reported on the owner's return — Schedule C for an individual running a business. It files Form 8832 only to be taxed as a corporation, or Form 2553 to go straight to S corporation status.

Do I file Form 8832 or Form 2553 for an S corporation?

Form 2553 only. The Form 8832 instructions say not to file Form 8832 for an entity electing S corporation status: an eligible entity that timely files Form 2553 and qualifies is treated as having elected to be an association taxable as a corporation. Form 8832 is for choosing C corporation, partnership or disregarded status.

When does a Form 8832 election take effect?

On the date you enter on line 8, or the filing date if you leave it blank. The date can be no more than 75 days before the form is filed and no more than 12 months after. A date outside that window is moved to the nearest allowed date — 75 days back or 12 months forward. A copy also goes with the entity's tax return for that year.

Can I change my entity classification again after filing Form 8832?

Generally not for 60 months after an election that changed the entity's classification took effect. The 60-month limit does not apply if the earlier election was a newly formed entity's first classification, effective on the date it was formed. The IRS can allow an earlier change by private letter ruling if more than half the ownership has changed hands.

What if I missed the Form 8832 deadline?

Rev. Proc. 2009-41 offers late election relief if the only reason the entity did not get its intended classification is that Form 8832 was filed late. File it within 3 years and 75 days of the requested effective date, meet the procedure's conditions on consistent returns, and explain the lateness in Part II. Otherwise relief needs a private letter ruling.

Sources & verification
Last verified: 2026-10-25. 2025 and 2026 (Form 8832 Rev. December 2013 is the current revision; the IRS 'About Form 8832' page lists no recent developments as of 20-Oct-2026). The rules have no year-specific figures.
Related calculators & guides
Form 2553 (S corporation election)
Electing S corp status
LLC / S-corp Calculator
Compare the tax under each choice
Schedule C guide
Where a disregarded LLC reports
Self-Employment Tax Calculator
Tax on a sole owner's profit
Educational estimate only. The picker applies the default classification rules and the 60-month limit in the Form 8832 instructions. It does not test whether a foreign entity type is a per se corporation, whether an entity qualifies to be an S corporation, or the tax consequences of changing classification, which can be significant. Full disclaimer.