Discussion:Form 8832 Late Filing

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Discussion Forum Index --> Tax Questions --> Form 8832 Late Filing

Hellothere (talk|edits) said:

15 January 2007
My client formed his LLC in January 2006 and wants to file 8832 effective January 2006. Since he missed the 75 day deadline, a letter is required stating the reason for filing late. Would pleading ignorance on part of my client be a good enough reason? Has anybody ever written a letter to accompany form 8832. Thank you.

Death&Taxes (talk|edits) said:

15 January 2007
Your description sounds like an individual, which means he had to be choosing corporate form, and hopefully S Corp, which means you will need to proceed under a Revenue Procedure found somewhere on this site for his late S Election. If this is not the case, he defaults to a disregarded entity who files on Sch C and did not have to file the 8832.

Hellothere (talk|edits) said:

15 January 2007
Thank you, D&T. Actually, the LLC is a partnership, but would like to be treated as a Corp. The Revenue Procedures state that a letter must accompany the form stating the reason for the late filing. What would, in your opinion, constitute a plausible reason?

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