Form 8832 (Rev. 12-2013)
Name. Enter the name of the eligibleentity
electing to be classified.
Employer identification number (EIN). Show
the EIN of the eligible entityelecting to be
Do not put “Applied For” on
Note. Any entity that has an EIN willretain
that EIN even if its federal taxclassification
changes under Regulationssection
If a disregarded entity’s classification
changes so that it becomes recognized as a
partnership or association for federal tax
purposes, and that entity had an EIN, then the
entity must continue to use that EIN. If the
entity did not already have its own EIN, then
the entity must apply for an EIN and not use
the identifying number of the single owner.
A foreign entity that makes an election
under Regulations section 301.7701-3(c) and
(d) must also use its own taxpayer identifying
number. See sections 6721 through 6724 for
penalties that may apply for failure to supply
taxpayer identifying numbers.
If the entity electing to be classified using
Form 8832 does not have an EIN, it must
apply for one on Form SS-4, Application for
Employer Identification Number. The entity
must have received an EIN by the time Form
8832 is filed in order for the form to be
processed. An election will not be accepted if
the eligible entity does not provide an EIN.
Do not apply for a new EIN for an
existing entity that is changing its
classification if the entity already
has an EIN.
Address. Enter the address of the entity
electing a classification. Allcorrespondence
regarding theacceptance or nonacceptance
of theelection will be sent to this address.
Include the suite, room, or other unitnumber
after the street address. If thePost Office
does not deliver mail to thestreet address
and the entity has a P.O.box, show the box
number instead of the street address. If the
electing entity receives its mail in care of a
third party(such as an accountant or an
attorney),enter on the street address line
“C/O”followed by the third party’s name and
street address or P.O. box.
Address change. If the eligible entity has
changed its address since filing FormSS-4 or
the entity’s most recently-filedreturn
(including a change to an “in careof”
address), check the box for anaddress
Late-classification relief sought under
Revenue Procedure 2009-41. Check the box
if the entity is seeking relief under Rev. Proc.
2009-41, 2009-39 I.R.B. 439, for a late
classification election. For more information,
see Late Election Relief, later.
Relief for a late change of entity
classification election sought under
Revenue Procedure 2010-32. Check the box
if the entity is seeking relief under Rev. Proc.
2010-32, 2010-36 I.R.B. 320. For more
information, see Foreign default rule, earlier.
Part I. Election Information
Complete Part I whether or not the entity is
seeking relief under Rev. Proc. 2009-41 or
Rev. Proc. 2010-32.
Line 1. Check box 1a if the entity ischoosing
a classification for the first time (i.e., the entity
does not want to be classified under the
applicable default classification). Do not file
this form if the entity wants to be classified
under the default rules.
Check box 1b if the entity is changing its
Lines 2a and 2b. 60-month limitation rule.
Once an eligible entity makes anelection to
changeits classification, theentity generally
cannot change itsclassification by election
again during the60 months after the effective
date of the election. However, the IRS may
(byprivate letter ruling) permit the entity to
change its classification by election withinthe
60-month period if more than 50% ofthe
ownership interests in the entity, as ofthe
effective date of the election, areowned by
persons that did not own anyinterests in the
entity on the effective dateor the filing date of
the entity’s priorelection.
Note. The 60-month limitation does notapply
if the previous election was madeby anewly
formedeligible entity and waseffective on the
date of formation.
Line 4. If an eligible entity has only one
owner, provide the name of its owner online
4a and the owner’s identifyingnumber (social
security number, orindividual taxpayer
identification number,or EIN) on line 4b. If the
electing eligible entity is owned by an entity
that is a disregarded entity or by an entity that
is a member of a series of tiered disregarded
entities, identify the first entity (the entity
closest to the electing eligible entity) that is
not a disregarded entity. For example, if the
electing eligible entity is owned by
disregarded entity A, which is owned by
another disregarded entity B, and disregarded
entity B is owned by partnership C, provide
the name and EIN of partnership C as the
owner of the electing eligible entity. If the
owner is aforeign person or entity and does
nothave a U.S. identifying number, enter
“none” on line 4b.
Line 5. If the eligible entity is owned byone or
more members of an affiliatedgroup of
corporations that file aconsolidated return,
provide the nameand EIN of the parent
Line 6. Check the appropriate box if youare
changing a current classification (nomatter
how achieved), or are electing outof a default
classification. Do not file thisform if you fall
within a defaultclassification that is the
desiredclassification for the new entity.
Line 7. If the entity making the election is
created or organized in a foreignjurisdiction,
enter the name of the foreigncountry in which
it is organized. This information must be
provided even if theentity is also organized
under domestic law.
Line 8. Generally, the election will takeeffect
on the date you enter on line 8 ofthis form,
or on the date filed if no date isentered on
line 8. An election specifying an entity’s
classification for federal taxpurposes can
take effect no more than 75days prior to the
date the election is filed,nor can it take effect
later than 12 monthsafter the date on which
the election isfiled. If line 8 shows a date
more than 75days prior to the date on which
the election is filed, the election will default to
75 days before the date it is filed. If line 8
shows an effective date more than 12months
from the filing date, the electionwill take
effect 12 months after the datethe election is
Consent statement and signature(s). Form
8832 must be signed by:
1. Each member of the electing entitywho
is an owner at the time the electionis filed; or
2. Any officer, manager, or member ofthe
electing entity who is authorized(under local
law or the organizationaldocuments) to make
the election. Theelector represents to having
suchauthorization under penalties of perjury.
If an election is to be effective for any
period prior to the time it is filed, each person
who was an owner between the date the
election is to be effective and the date the
election is filed, and who is not an owner at
the time the election is filed, must sign.
If you need a continuation sheet or use a
separate consent statement, attach it to
Form 8832. The separate consent statement
must contain the same information as shown
on Form 8832.
Note. Do not sign the copy that isattached to
your tax return.
Part II. Late Election Relief
Complete Part II only if the entity is requesting
late election relief under Rev. Proc. 2009-41.
An eligibleentity may be eligible for late
election reliefunder Rev. Proc. 2009-41,
2009-39 I.R.B. 439, if each of the following
requirements is met.
1. The entity failed to obtain its requested
classification as of the date of its formation (or
upon the entity's classification becoming
relevant) or failed to obtain its requested
change in classification solely because Form
8832 was not filed timely.
a. The entity has not filed a federal tax or
information return for the first year in which
the election was intended because the due
date has not passed for that year's federal tax
or information return; or
b. The entity has timely filed all required
federal tax returns and information returns (or
if not timely, within 6 months after its due
date, excluding extensions) consistent with its
requested classification for all of the years the
entity intended the requested election to be
effective and no inconsistent tax or
information returns have been filed by or with
respect to the entity during any of the tax
years. If the eligible entity is not required to
file a federal tax return or information return,
each affected person who is required to file a
federal tax return or information return must
have timely filed all such returns (or if not
timely, within 6 months after its due date,
excluding extensions) consistent with the