Читать книгу International Taxation - Adnan Islam - Страница 40

A business entity that is an “eligible entity,” and that is not a per se corporation can elect to be taxed as a corporation or as a partnership (if it has two or more owners) or to be disregarded as an entity separate from its owner if it has only one owner. The election is made or changed by filing Form 8832 with the appropriate IRS Center. The election is effective as of the date stated on the Form 8832, provided that date is not more than 75 days before or 12 months after the election is filed. If no effective date is specified on Form 8832, the election is effective when filed. For example, a newly organized entity may make an election effective as of the date of organization if the election is filed within 75 days of the organization date. Note that Revenue Procedure 2009-41 provides that an eligible entity may request [automatic] relief for a late classification election filed with the applicable IRS service center within three years and 75 days of the requested effective date of the eligible entity’s classification election by filing a Form 8832. There is no IRS user fee to file the Form 8832 or the late relief provision within it under Rev. Proc. 2009-41; a reasonable cause statement is required.